California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
How to file for divorce internationally Understand your state's laws. Each state has its own divorce laws. Complete and file your divorce petition. Once you understand your state's rules, complete your divorce petition and file it with your local county court. Serve your spouse. Continue with your divorce.
You need to consult a family law attorney in your state familiar with divorcing someone who is outside the country. Most states will allow a divorce if one of the parties is a resident (usually met after living in the state for 6 months or more).
With the advent of no-fault divorces in most States, and most Western countries, the MOST you lose is 50% of what you have brought into the marriage DURING the marriage (inheritances are exempt from division). AND you get 50% of whatever your SPOUSE has brought into the marriage.
Divorcing your spouse when they live overseas is not as difficult as you may believe. While it is a bit more complicated, logistically, the divorce process is functionally the same as for two people who live in California.
You both go to the civil registry and explain you want an administrative divorce. It is easy and quick. If both parties are not in agreement, then you must hire an attorney and sue for divorce in the town or city where you have a residence.
The citizen spouse must sign a contract (I-864) with the Federal government promising to support the non-citizen spouse financially. In most cases, even if the couple divorces, the citizen spouse must continue to support the non-citizen spouse.
How do you file for divorce if you're in the U.S. and your spouse is overseas? Serve the petition. Prepare your divorce papers, making sure all information is accurate and complete. Submit your divorce papers to the central authority in your spouse's country. File papers with the court.
Once you and your ex-wife have legally divorced, your financial responsibility for her ends, including your obligation as a sponsor on the Form I-864 (Affidavit of Support). This means that her immigration status remains intact, but you are not financially responsible for her anymore.