Austrian marriage legal in California?

[Nonameatol]

Does the State of California recognize a marriage certificate from Austria? My daughter married her hubby 13 years ago there. Now, he says that they aren't legally married and wants a divorce. What rights does she have (they have 2 children). They were born in the US and are citizens. He plans to use the fact that California does not recognize "common law" marriage for the divorce. What should she do? We need to know asap! Thanks ahead, Nonameatol
PS: As far as I know, all property, etc is in both their names.

 

[I AM ALWAYS LIABLE]

Does the State of California recognize a marriage certificate from Austria? My daughter married her hubby 13 years ago there. Now, he says that they aren't legally married and wants a divorce. What rights does she have (they have 2 children). They were born in the US and are citizens. He plans to use the fact that California does not recognize "common law" marriage for the divorce. What should she do? We need to know asap! Thanks ahead, Nonameatol
PS: As far as I know, all property, etc is in both their names.

My response:

Her husband doesn't know what he's talking about. Apparently, he's either trying to handle this by himself, and is misunderstanding the laws, or he's receiving some really crappy advice.

California, like other States, recognizes and gives "full faith and credit" to the marital laws of other nations, recognizing the solemnity of those marriages as long as they meet and satisfy the law of that foreign nation.

If such marriages weren't recognized, we'd have a lot of foreigners "living in sin" around here.

Her husband doesn't know what he's talking about either when it comes to "common law" marriages. While California's laws for Common Law marriages were abolished some 100 or more years ago, California recognizes such marriages from other States and, again, if California didn't give "full faith and credit" to the marital laws of other States, we'd have a lot of people "living in sin" around here.

California is a "pure" Community Property State, and all of their assets and debts will be divided equally, in the absence of an agreement to the contrary.

Tell your daughter to have her attorney go ahead and file the Petition for Dissolution. And make sure that the "idiot" gets a lot of "Discovery" paperwork to keep him busy. I mean, just lay it on him - - Interrogatories, Requests for Production of Documents, Demands for Admissions, Depositions - - I mean, the whole "shooting match". That will teach him about California law.

Tell him to shut up, and stop "playing" attorney. Actually, don't tell him. He's his own worst enemy, and your daughter will be the beneficiary of his stupidity.

IAAL

 

[Nonameatol]

Can't thank you enough!!

Thanks for your reply! I am forwarding that to my daughter in hopes she will follow the advice given. The person in question (her hubby) married her in Austria on the advice of his father who is a famous womanizer!
I presume that their marriage in Austria was legal - else, how could they have been married there by a priest etc. But, that may be a question into which we must look. My daughter was under the impression all along that their marriage was legitimate and when he threw this curve ball, she came unglued. Alot of money is involved and she has been a very good wife and mother. It was my understanding of laws in California that if this were deemed a "common law" marriage, she would have had no alimony and few other rights to property, etc. He can well afford all of the above being a doctor and has 2 women on the side to boot!!! This begins to assume the proportions of a pretty good "Soap Opera" and am definitely praying that he quickly looses his arrogance toward their mutual situation. Thanks again, Nonameatol