How to file divorce from outside America?

[Utha 10]

I am Indonesian and my husband is USC. We have been married since June 2010. We have 2 kids (6 yrs& 18 mos) and i am being pregnant now. We stay in MD since then.
Then me move to Indonesia since bt 3 months ago my husband stay in Maryland, America.

When i was stay in America i already tried to get free legal aid to file my divorce but no luck; nobody got back for my case.

I also asked my husband to divorce me but he didnt want it.

Why i wanna get divorce; because i feel tired  from being a stepmother of 5 kids for 7,5 years and seem my husband just using me to take care of his kids.
How to file the file the divorce while i am not in America?

 

Thank you.

Edited August 18, 2018 by Utha

[Jojo92122 1,924]

Under US laws, you will need to file in Maryland where your husband lives for a divorce.  You can try to file by yourself or hire a lawyer to help you.  Indonesia has nothing to do with him.  

 

The rules may be different in Indonesia.  Since he is a US citizen and lives in the US, an Indonesian court has little or no power over him.  You may be able to divorce in Indonesia but the US does not have to honor any of it.  

[Sunnyland 639]

What is gonna happen with the kids you had with your husband plus the one on the way? Did he give you permission to take them out of the country?

[Jojo92122 1,924]

4 minutes ago, Sunnyland said:

What is gonna happen with the kids you had with your husband plus the one on the way? Did he give you permission to take them out of the country?

Yup.

 

Did your husband give you permission to take his 6 years old and 18 months old children permanently to Indonesia?  If he didn't, then you might be charged with international parental kidnapping.  

[Utha 10]

12 minutes ago, Jojo92122 said:

Under US laws, you will need to file in Maryland where your husband lives for a divorce.  You can try to file by yourself or hire a lawyer to help you.  Indonesia has nothing to do with him.  

 

The rules may be different in Indonesia.  Since he is a US citizen and lives in the US, an Indonesian court has little or no power over him.  You may be able to divorce in Indonesia but the US does not have to honor any of it.  

Thank you for the answer.

9 minutes ago, Sunnyland said:

What is gonna happen with the kids you had with your husband plus the one on the way? Did he give you permission to take them out of the country?

Yes he did. I dont mind he takes away the kids if he win the custody.

[Utha 10]

3 minutes ago, Jojo92122 said:

Yup.

 

Did your husband give you permission to take his 6 years old and 18 months old children permanently to Indonesia?  If he didn't, then you might be charged with international parental kidnapping.  

He did. 

[Jojo92122 1,924]

9 minutes ago, Utha said:

He did. 

Do you have it in writing that he gave you permission to permanently move his children to Indonesia?  Or do you just have a verbal agreement that he may at some point say never happened?

I find it hard to believe that he gave you permission to permanently move his children to Indonesia and give you sole custody when he will not consider giving you a divorce.

Edited August 18, 2018 by Jojo92122

[Highmystic 234]

1 hour ago, Utha said:

I am Indonesian and my husband is USC. We have been married since June 2010. We have 2 kids (6 yrs& 18 mos) and i am being pregnant now. We stay in MD since then.
Then me move to Indonesia since bt 3 months ago my husband stay in Maryland, America.

When i was stay in America i already tried to get free legal aid to file my divorce but no luck; nobody got back for my case.

I also asked my husband to divorce me but he didnt want it.

Why i wanna get divorce; because i feel tired  from being a stepmother of 5 kids for 7,5 years and seem my husband just using me to take care of his kids.
How to file the file the divorce while i am not in America?

 

Thank you.

Actually, and most will probably not agree too much, but since you did not like being a nanny for his other two children,  you could have stayed in Maryland, and moved out to a small apartment and let him continue to support you until he divorces you, which still does not relieve him of the obligation to support you. 

[Jojo92122 1,924]

10 minutes ago, Highmystic said:

Actually, and most will probably not agree too much, but since you did not like being a nanny for his other two children,  you could have stayed in Maryland, and moved out to a small apartment and let him continue to support you until he divorces you, which still does not relieve him of the obligation to support you. 

In a marriage, he is not obligated to operate a separate household for her.  

She moves out of the marital home, then she needs a family court order for support in order for him to be obligated to support her in a separate household.  

Edited August 18, 2018 by Jojo92122

[Highmystic 234]

15 minutes ago, Jojo92122 said:

In a marriage, he is not obligated to operate a separate household for her.  

She moves out of the marital home, then she needs a family court order for support in order for him to be obligated to support her in a separate household.  

Funny, because everyone else keeps saying "Only death of one or the other, or if she becomes a USC, or leaves the country.  Perhaps she is a Naturalized USC,  I assumed she was still on a 10 yGC

[Jojo92122 1,924]

6 minutes ago, Highmystic said:

Funny, because everyone else keeps saying "Only death of one or the other, or if she becomes a USC, or leaves the country.  Perhaps she is a Naturalized USC,  I assumed she was still on a 10 yGC

The I-864 does not obligate him to operate a separate household for her.  

The I-864 is a contract between the petitioner (or Joint Sponsor) and the US government.  It does not obligate the signer to support a separate household for the beneficiary.  It obligates the signer to reimburse the US government if the beneficiary receives certain public benefits.  

Spousal support is established by family court.  

You are incorrectly using the I-864 to establish an obligation for spousal support when it has nothing to do with spousal support.  

[NikLR 13,227]

1 hour ago, Jojo92122 said:

The I-864 does not obligate him to operate a separate household for her.  

The I-864 is a contract between the petitioner (or Joint Sponsor) and the US government.  It does not obligate the signer to support a separate household for the beneficiary.  It obligates the signer to reimburse the US government if the beneficiary receives certain public benefits.  

Spousal support is established by family court.  

You are incorrectly using the I-864 to establish an obligation for spousal support when it has nothing to do with spousal support.  

People have successfully had it ruled in court that the I-864 must provide the beneficiary with poverty guildelines support.

 

Regardless she would get spousal support as the single mother of 3 USC children.   I can't see any court NOT granting her child support or spousal support. 

[Jojo92122 1,924]

1 hour ago, NikLR said:

People have successfully had it ruled in court that the I-864 must provide the beneficiary with poverty guildelines support.

 

Regardless she would get spousal support as the single mother of 3 USC children.   I can't see any court NOT granting her child support or spousal support. 

Still gotta go to court to get the I-864 enforced against the petitioner or JS to support the beneficiary.  She can't just move out to a small apartment and have him is OBLIGATED to support her until the divorce as Highmystic erroneously advised.  

 

She would get CHILD SUPPORT for the children.  Being a single mother of 3 children does not automatically get her SPOUSAL SUPPORT.   Spousal support would be for her.  Child support would be for the kids.  Each judged on its own criteria.  

[Highmystic 234]

4 hours ago, Jojo92122 said:

The I-864 does not obligate him to operate a separate household for her.  

The I-864 is a contract between the petitioner (or Joint Sponsor) and the US government.  It does not obligate the signer to support a separate household for the beneficiary.  It obligates the signer to reimburse the US government if the beneficiary receives certain public benefits.  

Spousal support is established by family court.  

You are incorrectly using the I-864 to establish an obligation for spousal support when it has nothing to do with spousal support.  

Yeah, just last week or two, a similar case, and I asked "does he still have to support her? and everyone said yes, and posted clips from the law,  so in theory, If I agree with the above "this week" then next week I will be wrong again.  LOL

[EM_Vandaveer 2,408]

I-864 obligation has to do with repaying the govt for benefits received by the sponsored immigrant. This almost never happens in reality.

In some fairly rare cases it's been used in divorce proceedings to get spousal support. She would have to go to court in the US for that to apply.

If she moved back to Indonesia with the intent to permanently reside there then her GC is already technically invalid which frees her husband from the I-864 obligations, anyway.