International Divorce - advice on Jurisdiction

[innersanctum]

I'm a US citizen (CA) still married to a UK citizen working on a divorce~

We had moved to Spain, purchased a house, and the marriage failed late '04.

'05 I pre-paid a Spanish lawyer to handle both the divorce, as we had both been residents and co-property owners in Spain, and our property dispute.

Now '09, property dispute turned into judgment for debt collection by me, and divorce needs to happen still, but our residency has changed over the years.. estranged, I am a California US resident; he's a London UK resident.

Jurisdiction // Does it make sense for me to continue executing the divorce through Spain, or because the circumstances have changed, should I move it to the US, or UK? Perhaps California offers more benefits/rights in divorce that should be considered vs. UK or Spain?

Is this answer in any way correlated with the ongoing debt collection case pending against him in UK, or will it be unrelated?

The debt case will likely be unrelated.

You can file and finish the divorce in California if you have been residing there 6 months --

You will have to dismiss the case in Spain if it is still active. He could try to object.

Thanks very much for your response- I really appreciate it.

You say I 'could' file in CA instead... so is that recommended or just an alternative option (equivalent)? I would imagine it would get done faster if I moved it to CA.

Since I prepaid Spanish attorney to do the divorce, I'd like to know if you think it's worth the trouble to request a refund and cancel them. I doubt they have started working on it although I paid them a year ago. (They move very slowly)

And following, if I move this to CA, should I then look for an International Law or Family Law attorney (or other specialty) here in my area?

[innersanctum]

Previous 3:37PM post is from me - I just forgot to login first.

And yes, I've been residing in California 4+ years, so definitely possible.

You might want to hook into the international lawyers on world law direct's home page as well and have them give you some input.

They may be able to give options based on some of your private details.

[annjd]

Six months residency will allow you to file in CA.

The Spanish firm can file to dismiss the case and refund your money but your spouse of course could try to keep it there if he wishes.

You may want to have counsel compare the law in both for you and see which is better given what assets you have, alimony, any custody issues and the like.

[innersanctum]

Originally Posted by annjd ...You may want to have counsel compare the law in both for you and see which is better given what assets you have, alimony, any custody issues and the like.

Thank you ~ RE: have counsel compare the law - I am stuck there. What's best or most reasonable way to do that?
Would you recommend I do that with World Law Direct 'Ask an Attorney' or do you think the question should go to an attorney's office in California that could speak to California law and Spanish Law (via a partner office abroad, or combination Family Law / International Law knowledge, etc)?

You may want to try both.