Possible divorce , what can happen ?

handxx

Registered Users (C)
Hi

I just have couple questions regarding divorce process. Us Citizen married to a out of status ( j-1 ) wife around 4 months ago. We have a legit , genuine marriage however we sometimes have serious opinion differences. I have not filed anything yet to get permanent card or working permit for her. She is currently studying .

My question is If I file to divorce right now , what will be her options ? I pay health insurance, under my bank accounts , car insurance etc. Will she can get any financial advantage of me , do I have to support her even we get divorce ? Or , she has to go her country because she is out of status right now and do not have filled documents yet ? Could you please let me know about possibilities, thanks.
 
Hi

I just have couple questions regarding divorce process. Us Citizen married to a out of status ( j-1 ) wife around 4 months ago. We have a legit , genuine marriage however we sometimes have serious opinion differences. I have not filed anything yet to get permanent card or working permit for her. She is currently studying .

My question is If I file to divorce right now , what will be her options ? I pay health insurance, under my bank accounts , car insurance etc. Will she can get any financial advantage of me , do I have to support her even we get divorce ? Or , she has to go her country because she is out of status right now and do not have filled documents yet ? Could you please let me know about possibilities, thanks.



Newbie to marriage,

Let me clue you in on a secret long held from newly married couple, difference of opinions is normal in every marital relationship, so you need to accept it and respect some of the views which your spouse holds, I don't think she's malicious. For example, she might be of the view that US foreign policy sucks, don't take it personally, understand why she shold such a view.If you marry someone who agrees with you all the time and never argues with you, I would run away from that person and marriage and bury myself under some loofah plant...:rolleyes: There is a time for argument, but if your entire life revolves around arguing, flee town...:(

In your question, if you divorce your wife then it might take up to a year of painful arguing over what is hers and yours, especially in community property states. When the courts finally issues a ruling, she might be entitled to 1/2 of your property, force you to sells your cars or house to divide the assets. I doubt you have a pre-nup agreement, the fact that you are on this board tells me no pre-nup exist.:D Since you haven't filed for any immigration paperwork for her, she will remain out of status like she currently is. It is possible that she might ask for spousal support, the court will have to receive a compelling case to approve such a request, and it not unsual for the court to approve such request. Let us assume that you decide to file for her greencard right now, she doesn't have to go back to her country do get a new visa, she will have all her paperwork handled in the US resulting a greencard assuming all documentation and evidence is accept in about 3-5 months.

As a strong proponet of marriage, try counseling and couple's therapy. I believe that you might be worn down by emotional rollercosters of arguing with your spouse, most men suffers from such a challenge, but it doesn't mean we go out and plan to divorce our spouses. When last did you argue with your boss at work? :confused:I assume you immediately found a new job within a month and moved on to another job? After starting this new job, your new boss ripped your nuts off in front of your subordinates and had a big argument in his office, and once again you looked for another job and resigned? Now you have a new job and no arguments with your current boss, but the moment there is an adversity, you are going to resign and start a new job? I hope you see the logic in my argument, marriage is NOT for the faint at heart, it is a bloody work and a huge sacrifice, honeymoon is nice, sleeping all day and jumping on top of each other, but when all is said and done, you are required to be patient and accepting. Last point on this, did you know that marriage license is the only license that I am aware of, in which you don't have to prove the mastery of the skills? Try walking into an aviation school to apply for a license, practice and hours of skill development, so is car driving. Just love your wife because she is a product of your intelligent choice....:)
 
Thanks for your great advice. I will also consider your suggestions. However , I would like to also know what can be the outcome of this divorce process.

My wife is not working , out of status. I am the one who works and make money. I have some savings in my account.But, no house or fancy car. We are married less than 5 months . Does it mean that I should give her half of my savings or pay her rent even we get divorced ? I believe she will not require any financial help from me in case if the divorce goes but my question is the government or laws can force me to support financially or not ? Thanks.
 
If you have signed an affidavit of support, it applies even in the case of a divorce. Your wife is entitles to 1/2 of your marital assets - those acquired since the date of the marriage.

Post your divorce questions to a family law forum. You are likely to find that you will be required to support her though the divorce procedings and perhaps even pay for her attorney as well as yours.
 
It seems you are confusing two issues here. Alimony and I-864. The first depends on the state laws that apply to you. The second is a pact between you and the federal government which will outlast the divorce.

Does it mean that I should give her half of my savings or pay her rent even we get divorced ? I believe she will not require any financial help from me in case if the divorce goes but my question is the government or laws can force me to support financially or not ? Thanks.
 
First: You need a family lawyer. ASAP.

Given that marriage lasted only five months, I don't think any judge (family court) will blindly give her 50% of your asset (as part of divorce settlement). Max. you may end up paying alimony.

And, if you have not applied for any immigration benefit for her, don't do it. Like someone already posted, submitting affidavit of support (for immigration purpose) will increase your laibility.

If you have already decided to go with the divorce then do it right away. By the time divorce case is settled (can take months), she will be out of status and it will be very difficult for her to get a legal status (unless she marries another US citizen). And, in that case you can ask court to take a second look at alimony (if awarded as part of divorce settlement).

Thanks for your great advice. I will also consider your suggestions. However , I would like to also know what can be the outcome of this divorce process.

My wife is not working , out of status. I am the one who works and make money. I have some savings in my account.But, no house or fancy car. We are married less than 5 months . Does it mean that I should give her half of my savings or pay her rent even we get divorced ? I believe she will not require any financial help from me in case if the divorce goes but my question is the government or laws can force me to support financially or not ? Thanks.
 
Thanks for your great advice. I will also consider your suggestions. However , I would like to also know what can be the outcome of this divorce process.

My wife is not working , out of status. I am the one who works and make money. I have some savings in my account.But, no house or fancy car. We are married less than 5 months . Does it mean that I should give her half of my savings or pay her rent even we get divorced ? I believe she will not require any financial help from me in case if the divorce goes but my question is the government or laws can force me to support financially or not ? Thanks.


I am puzzled by your question on divorce outcome. I would assume that filing for divorce means you want to be legally separated from this hot woman forever, so that you can pursue other people..:) The divorce court is going to grant you that, a divorce from this woman. However, what the courts rule on is open to whoever handles your case. For example, what if the judge is a woman who has been divorced herself due to reasons similar you cite as reasons for contemplating a D, argumentative wife, can she check her biases at the door? So, she might end up skewering you for women's sake by ordering sharing of all marital property, assets and even your ruggery 1975 BMW...:cool: It is possible that you can find a tough judge who will order you to pay for her living expenses and attorney fees, given the fact that she's unemployed and going to school. Also, how is she going to school with an expired visa? The govt won't force you to support her, a judge might force you to support her till she remarries...:rolleyes:

Another misconception, she not working and you are only one who brings the money home.... When you said I do, what was yours became hers and what was her, became yours. So, this extends to the money that you are making each day at your current Just Over Broke (job).....:D :D Marriage, the act of uniting two in happiness and sorrow. So, she is employed by virtue of you going to work everyday....:)
 
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