Can a husband divorce a foreign wife? - Child Custody Law Questions and Answers- LawQA.com

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Can a husband divorce a foreign wife?

I got married 4 years ago to an American man. He called me and my son to live in the United States and we accepted. Now my son goes to school here and it has been 1 year since we came. I myself have a green card but my son does not. All of a sudden, my husband is now asking for a divorce. His reason is incompatibility. My question is, can he apply for divorce here in United States? If he can, can I get compensation or alimony due to me losing my job and my son's school issues of moving between countries ?

Law Office of Roianne H. Conner
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Yes a husband can divorce a foreign wife. Based on the lenght of the marriage you will probably not get alimony.

Answer Applies to: Alabama
Replied: 9/11/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Yes, he can file for divorce in the US since you all live here now. As for the "compensation", Spousal Maintenance is very difficult to get in Texas and with only 4 years marriage, unless you can show special circumstances, you will not get it. You could consider a Fraud claim, this would be civil and outside the divorce and again, nearly impossible to win. You would have to show that he married you fraudulently, he did so for his own gain, you are innocent in the matter, and that you relied upon his representations in such as way that his fraud induced you into the marriage and you would not have married him without those fraudulent misrepresentations. The only thing he has to do to defeat your case is simply state he married for love, it just did not work out and he had not ill intent.

Answer Applies to: Texas
Replied: 9/9/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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Yes, as long as the jurisdictional requirements of the particular state are met, then, he can proceed with the divorce here. As to predicting what you may get in the divorce, there is no way anyone can really predict how that will come out with accuracy. Additionally, because you and your son are, apparently, not US citizens, immigration law comes into play. This is federal law and is entirely separate from divorce law. To deal with the immigration aspects of your case, you would need to consult an immigration attorney.

Answer Applies to: Washington
Replied: 9/8/2011

Cody and Gonillo, LLP
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Yes, and yes you may ask for alimony but if he has no legal obligation to your son then there will not be any award relating to him however you can present evidence of your expenses one of which is your son.

Answer Applies to: Connecticut
Replied: 9/8/2011

Answer By Steven Dunnings
Dunnings Law Firm
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For a marriage of such short duration, spousal support is not likely, but you can ask for it and see what the Judge says.

Answer Applies to: Michigan
Replied: 9/8/2011

Answer By Gary Moore
Gary Moore, Attorney at Law
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The only requirement for filing for a divorce in New Jersey is residency in New Jersey for one year. You can request child custody, child support and alimony.

Answer Applies to: New Jersey
Replied: 9/8/2011

Horizons Law Group, LLC
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He can file divorce here, and you can ask for the support or at least compensation to you for those issues.

Answer Applies to: Wisconsin
Replied: 9/8/2011

Michael D. Fluke, P.A.
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Yes he can file for divorce in the state in which you live and yes, you may be entitled to alimony. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

Answer Applies to: Florida
Replied: 9/8/2011

Answer By Glenn E. Tanner
Glenn E. Tanner
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Your husband can divorce you here. You may be able to get maintenance.

Answer Applies to: Washington
Replied: 9/7/2011

Answer By James Lentz
Law Office of James Lentz
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Your son does not need a green card because he is, I believe, an American citizen. Yes your husband can get a divorce. Yes you may end up with support. Yes you need an attorney now.

Answer Applies to: Ohio
Replied: 9/7/2011

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