Divorce vs annulment

[Dantrolene 15]

I am just wondering what's the difference between divorce and annulment from immigration perspective ?  Especially if the person seeking divorce is the alien person, not the US citizen.  Which is cheaper and easy process ?  Thanks 

[Transborderwife 4,666]

Divorce is easier I don't know about cheaper.  There have been cases on vj where annulment has happened and immigration benefits have not been affected 

[Dantrolene 15]

Is annulment gonna make something like "child support or alimony" lesser than compared to divorce ? Or they both the same ? 

[Transborderwife 4,666]

Just now, Dantrolene said:

Is annulment gonna make something like "child support or alimony" lesser than compared to divorce ? Or they both the same ? 

Alimony probably won't enter the picture, but child support would be the same amount either way

[Dantrolene 15]

If there is only one child between us, nothing else in common in terms of assets etc... which is better in this case divorce or annulment? 

[Transborderwife 4,666]

Doesn't matter

[Dantrolene 15]

Do you think in this case divorce/annulment is going to be contested or not ? If one spouse isn't agreeing to divorce the other.

[Transborderwife 4,666]

You do not need permission of both parties to divorce 

[Dantrolene 15]

Alright. Do you know where is the best resource to know in details about about child support and divorce monetary consequences ? I wonder if tax companies like h&m block would give me accurate information about child support possibilities !  Thanks 

[Villanelle 4,122]

Are you the USC or the immigrant? 

 

Basically divorce and annulment are the same for USCIS. The only issue would be if EITHER process contains wording of being granted on grounds of fraud. 

 

Annulments are really hard to get. So they do not come up often. They are also traditionally granted under very specific circumstances- one of them being fraud. So thats why a lot of people feel an annulment will equal immigration consequences. But again, it only will if its granted on the basis of fraud and thats very hard to obtain.

 

For a divorce, only one person needs to file. The other person will respond. If the responding party does not want to divorce it does not matter. No one is forced to remain married to someone if they do not want to be anymore. So theres nothing one can do to 'stop' a divorce. They can slow the process down, but thats about it.

 

Typically a person will file (making them the petitioner) and the other person is the respondent.  The court will require a settlement agreement from both people breaking down assets and debts. Both people have to agree to the terms and the court will simply approve it. So mail gets sent back and forth between the 2 parties until an agreement is reached. However if they 2 parties can not agree then the court will step in and come up with the terms. 

 

You need to research the policies in your state. If it goes to the judge they will follow the statues for that state. In some states its 50-50. In others its not. It can be 'equitable' which doesnt mean equal but "fair" so if one party is at a disadvantage or going to be caring for the children they can get more then 1/2. So you need to know how the judge will most likely rule if it goes to the judge in order to better negotiate. You may not come out on top by going to the judge because they may order more then you guys were negotiating or you may come out ahead by going to the judge if the other side is asking for a whole lot. 

Alimony is not available in all states and/or all situations. Again you have to research based on your state. Child support can be calculated using a site like http://www.alllaw.com/calculators/childsupport Its going to based on both parents income. There is a min monthly support amount but it can be higher depending on your income.  

[Dantrolene 15]

Thanks a lot Damara! In response to your message, I am a US immigrant. I don't have anything common with my wife except one child. She has assets and house and that's her properties.  I own nothing. We don't have anything to split. In this case, would it be easier for the judge to complete the divorce without waiting for any monetary agreements ? And is child support percentage based on income and state laws only or judges can amend that ?  

 

Still i don't know what my wife is possibly can do ? She has an experience with that before and I want to protect myself.    

[Villanelle 4,122]

It will all depend on what state you are in. In some property and assets one party owns prior to marriage are not considered 'joint' and need to be divided, in others they are.

You may not think you have anything to divide, but there is. The judge will not approve your divorce with out an agreement on how things will be divided. You are not only dividing assets but debts. 

Child support is calculated by income. A judge has no power to alter it from the calculators. Like I said, theres a bare min amount required even if you are poor. The more you make the more you will pay.

 

In a fair divorce each party will accept responsibility for their own personal debts (credit cards, cars etc) and any joint debt accounts would be split accordingly based on income of each party. They will also break up the assets in a fair way. If your wife wants to extract everything she can from you she will ask for alimony (which may or may not be granted). She would also try to assign all the debts to you to pay. She would ask to keep all the assets.

What state are you in? How long have you been married? 

[Dantrolene 15]

I am in WA state. Have been married for around one year and half. I am still conditional permanent resident. 

 

I wanna clarify something...we surely don't have anything in common except I am on her phone family plan.  No debts ..no assets...no credit cards.  Can she still ask for alimony ?  My income is lower than hers, but I don't know what she can do about her job..she can stop working anytime so I would take care of her. That's my thinking..  

 

And should be there a reason for divorce to say or word in application or should I keep plain ? 

[Villanelle 4,122]

Here is a basic page on divorce in WA.

http://www.washingtondivorceonline.com/articles/divorce-laws.html

They do have alimony. They also divide equitably.  You can not get an annulment in WA based on what you stated so far. There are places that you may be able to get free or low cost assistance with your divorce from. Are you the one filing or is she? Has it been filed yet?

WA doesnt need specific grounds for divorce besides stating the marriage is "irrevocably broken". 

All debts of both people need to be discussed in the settlement. It doesnt matter if the credit cards or house/car loans are in one parties name or both. If the debt is soley in her name it does NOT automatically mean it is HER debt. That debt can be divided between the two of you, assigned to just her, or assigned to just you. 

If your income is lower then hers, then most likely alimony wont be given. Oddly YOU can request alimony in that case- its not specific to gender.  But because it was a short marriage it may not be granted. Im not even sure if you would want it.

I wouldnt worry so much about her quitting her job to request alimony. Courts do not like when people try to play games like that. Your biggest issue will be custody and child support. 

 

[Dantrolene 15]

That's true that my issues are obviously child support and custody. I don't know what to do with that. She's great with the baby. I am not. Never dealt with kids before. She has one before from previous marriage.   

 

I won't ask for alimony because I told her in the beginning that I don't want any support from her and that her assets are her belongings no matter what happens.  

 

So I don't know what to do regarding child support ? I want to pay the least I can especially her income is far higher than mine. It won't be an issue for me if she wants the custody because she's really good with the baby.  

 

Thanks for your informative answers.