Filing for a divorce

[hchhon 0]

Hi,

My wife (the immigrant) is giving me a hard time and I want to end the marriage. We have one child.

She has her 10-year green card and not a US citizen yet. We don't have any house or property just a simple join checking account. I just want a simple divorce. I want to keep my son with me and divorce her.

What is the best way to do this if she decides for a divorce? Thanks!

[Otto 83]

Hire an attorney.

[scandal 951]

If she is a fit mother and wants custody of the child, it's highly unlikely that you will get sole custody. Joint custody is much likelier.

[hchhon 0]

If she is a fit mother and wants custody of the child, it's highly unlikely that you will get sole custody. Joint custody is much likelier.

I have a few questions:

Does a join custody mean that I will have to pay for a child support or alimony?

Does she have the right to have a sole custody of a child if I file for a divorce?

What is here immigration standing after a divorce? Does her 10-year green card still valid?

[Anh map 2,098]

Yes it could

Yes, that could happen

Yes it is still valid

You should consult a divorce lawyer to determine your options. This has nothing to do with immigration and a divorce will not effect her status.

[SuperDuper! 230]

Hire an attorney.

A divorce mediator is much cheaper if it is an uncontested divorce with few assets at stake.

Does she want to take the kid with her, though? You would have to agree on the custody of the child, of course.

[hchhon 0]

Yes it could

Yes, that could happen

Yes it is still valid

You should consult a divorce lawyer to determine your options. This has nothing to do with immigration and a divorce will not effect her status.

Thanks for the answers. One more question. Can she apply for a US Citizen after a divorce?

[hchhon 0]

Hire an attorney.

A divorce mediator is much cheaper if it is an uncontested divorce with few assets at stake.

Does she want to take the kid with her, though? You would have to agree on the custody of the child, of course.

I haven't mention anything about a divorce to my wife. I am keeping my cool and do some thinking in my head.

I am thinking of a divorce mediator too but not sure that is the way to go if a child is involved.

I am not sure if she want to take the child or not.

[NickD 203]

50 states, 50 different laws on this subject, USCIS is no longer an issue except she can blackmail you with the I-864. Best divorce is without an attorney if you both can mutually agree on a settlement and child custody. Attorneys will eat you alive, but if your wife hires one, you will have to hire one too, you won't stand a chance in court without one, then another will be appointed for your child. Others sneak in to clean you out, been there, done that, but managed to get full custody of my two minor children.

Best to resolve your problems, know my service buddies that brought home Asian gals really had a problem coming from a women suppressed society, with the freedoms here, they went absolutely wild. Most of us had ethics not to screw a buddies wife. Hope that isn't your problem. States with no-fault divorce laws are the worst, there is a fault, and the guy can really get screwed. Feel at times a guy should hire an attorney before getting married, can get nailed to the cross definitely with child support, alimony is iffy, you're paying while she's playing.

[Kinito_2k3 5]

Hi,

My wife (the immigrant) is giving me a hard time and I want to end the marriage. We have one child.

She has her 10-year green card and not a US citizen yet. We don't have any house or property just a simple join checking account. I just want a simple divorce. I want to keep my son with me and divorce her.

What is the best way to do this if she decides for a divorce? Thanks!

You are saying that you want to end the mariage and then you say that wondering if SHE decides for a divorce? What's the scenario ?

[hchhon 0]

Hi,

My wife (the immigrant) is giving me a hard time and I want to end the marriage. We have one child.

She has her 10-year green card and not a US citizen yet. We don't have any house or property just a simple join checking account. I just want a simple divorce. I want to keep my son with me and divorce her.

What is the best way to do this if she decides for a divorce? Thanks!

You are saying that you want to end the mariage and then you say that wondering if SHE decides for a divorce? What's the scenario ?

We don't seem to get along anymore.

[Kinito_2k3 5]

Hi,

My wife (the immigrant) is giving me a hard time and I want to end the marriage. We have one child.

She has her 10-year green card and not a US citizen yet. We don't have any house or property just a simple join checking account. I just want a simple divorce. I want to keep my son with me and divorce her.

What is the best way to do this if she decides for a divorce? Thanks!

You are saying that you want to end the mariage and then you say that wondering if SHE decides for a divorce? What's the scenario ?

We don't seem to get along anymore.

No I understand that, and I am sorry for you! I was just trying to understand because you first say that you want to end the marriage and then a few lines later you say the she might want to end the marriage - you'd probably get different answers depending on which case is yours?

[hchhon 0]

Hi,

My wife (the immigrant) is giving me a hard time and I want to end the marriage. We have one child.

She has her 10-year green card and not a US citizen yet. We don't have any house or property just a simple join checking account. I just want a simple divorce. I want to keep my son with me and divorce her.

What is the best way to do this if she decides for a divorce? Thanks!

You are saying that you want to end the mariage and then you say that wondering if SHE decides for a divorce? What's the scenario ?

We don't seem to get along anymore.

No I understand that, and I am sorry for you! I was just trying to understand because you first say that you want to end the marriage and then a few lines later you say the she might want to end the marriage - you'd probably get different answers depending on which case is yours?

I want to end the marriage and she doesn't know it yet and I am not sure if she wants it.

[Otto 83]

I want to end the marriage and she doesn't know it yet and I am not sure if she wants it.

Well - she'll find out eventually won't she?

You'll still need to file for divorce through the court system (whether or not you do it yourself or use an attorney) - Her being 'the immigrant' doesn't matter (besides, you're an immigrant too if am not mistaken).

The court will have the final say as to the child's custody although you two can come to an agreement to offer the court - their final say though. Unless you can prove she is somehow unfit, count on at least joint-custody.

[hchhon 0]

I want to end the marriage and she doesn't know it yet and I am not sure if she wants it.

Well - she'll find out eventually won't she?

You'll still need to file for divorce through the court system (whether or not you do it yourself or use an attorney) - Her being 'the immigrant' doesn't matter (besides, you're an immigrant too if am not mistaken).

The court will have the final say as to the child's custody although you two can come to an agreement to offer the court - their final say though. Unless you can prove she is somehow unfit, count on at least joint-custody.

What do you mean if she is unfit? Is it mean financial or physical unfit for a custody?