I am a New Zealand who until 15 months ago was married to a Californian. We were in business and living in New Zealand. He has returned to California leaving behind substantial debt for which I am now being held responsible. This is debt for which he is legally morally and ethically responsible and it is only his geographical distance that is protecting him now.

He has applied for a divorce in California and has now registered a notice of default with the California Superior Court.

I am happy to divorce him but he claims there is no shared debt and I do not want the California Court to make a judgement about that based on his false claims. What I want is that he pay his share of the debt.

I believe he cannot sue me in California but must sue me in my own country. I also believe that the California Court cannot have jurisdiction over debt in New Zealand. However if they do not know about the debt they will make a judgement based on the false information they currently have.

I have a debt collector in California who can collect for me, however if the divorce process currently underway goes ahead I believe I will be in a position of being unable to collect from him.

What is my legal position and what can I do now?

Any information is appreciated.

excon

Hello Sweetie:

You have a complicated legal situation. Without a lawyer, you're toast.

excon

s_cianci

I don't believe that a California court would have jurisdiction over any debts that were contracted in New Zealand. That'd be an issue for New Zealand law, not California's. As far as the divorce goes, he may be able to do that in California. But as far as the debt goes, you'd be wise to talk to a New Zealand attorney.

excon

Hello again, Sweetie:

I dunno. I think I nailed it. Ok, maybe "toast" isn't a legal position......

excon