Debt settlement... would they fall under CA or Korean divorce laws?

[AznGodFathr]

I have a friend who is currently going through a divorce with her husband.

My friend and her husband are both Korean citizen. The husband is living in CA on a student visa so they lived in CA and while they were married.

During the marriage he incurred credit card debts and had made a second card for her under her name, but she paid off the amount that was under her name.

Now there is still the debt left on the main credit card and he is telling her that she needs to pay half of the debt or he will sue her.

My friend is back in Korea and fighting this divorce with the husband who is still living in CA.

She is constantly asking him to show her the bill statement, but he keeps on saying no.

Can he sue her or force her to pay half of this debt even though she is no longer living in CA and not even a US Citizen?

What can she do to hurry this divorce along?

and would they fall under CA or Korean divorce laws?

[AznGodFathr]

Would they fall under CA or Korea divorce laws?

[sandyclaus]

Originally Posted by AznGodFathr I have a friend who is currently going through a divorce with her husband. My friend and her husband are both Korean citizen. The husband is living in CA on a student visa so they lived in CA and while they were married. During the marriage he incurred credit card debts and had made a second card for her under her name, but she paid off the amount that was under her name. Now there is still the debt left on the main credit card and he is telling her that she needs to pay half of the debt or he will sue her. My friend is back in Korea and fighting this divorce with the husband who is still living in CA. She is constantly asking him to show her the bill statement, but he keeps on saying no. Can he sue her or force her to pay half of this debt even though she is no longer living in CA and not even a US Citizen? What can she do to hurry this divorce along? and would they fall under CA or Korean divorce laws?

Originally Posted by AznGodFathr Would they fall under CA or Korea divorce laws?

Jurisdiction will be where the divorce was filed. If they lived in CA at the time, then that means California law will apply as far as assets and debts are concerned.

California law states that any assets acquired or debts incurred during the marriage are considered community property and are almost always divided equally between the parties.

While the soon-to-be-ex (STBX) wife feels justified in paying on that which SHE allegedly charged on the account, the law sees it differently. Since the debt was incurred during the marriage, regardless of who actually incurred it, the argument can be made that what was purchased benefited BOTH parties in the marriage and should be divided equally.

ALL debts and assets that were acquired during the marriage need to be brought to the attention of the court in order to make a fair division for each party. Since the STBX wife is now in Korea, and presumably the husband remains here in CA, it would be an excellent idea for her to obtain assistance from a local attorney here in order to represent her best interests in this matter.

[AznGodFathr]

Thanks for the info, but I've been wondering...since they got married in Korea and would have to get divorced in Korea, would the Korean law system tell them how they need to divide the debt incurred while living in the states?

[Friend In Court]

Sandy's reply should have been clear. When one divorces they divorce under the laws of the state and country where they file for divorce -- not where they were married.

The only exception is annulment. In annulment, no matter where tried, the laws of the state/country where the marriage was contracted are used. But in divorce, the laws of the state and country where the divorce is filed is applied.