VAWA, Part 15

[Gogetter18 283]

8 minutes ago, natalysmile said:

My husband offers a divorce with the signing of papers (documents) without the participation of a judge
The marriage was short, there was no common property, and I am outside the United States. He offers some money and a refund of my clothes if I sign the papers. by email, a divorce lawyer works with this. I do not know if I should agree to this? Or is it better to wait for an official divorce in a family court, I can’t be at this court because I left for my country.

I also filed VAWA  I don’t know if they will consider it
The most important question .... If The most important question .... If he and the lawyers believe that the court and the judge will not award (precisely for divorce )  , why should I be asked to sign papers so that the court does not exist( there was no trial)   ?

@natalysmile Good morning. I woke up to study and saw your post 🙂

Please do not sign anything with your ex without the court's official ruling, it does not matter whether you get any financial awards or not, the important thing is that the court will do it the right way, you have to ensure that you look out for yourself in the divorce. With these horrible people and their lawyers, they will try to play games with you which may be detrimental to you in the long run, which is why I am saying let the papers go through the courts since they are unbiased and do not know you or your ex. I was married to my ex for 16 years with children, and he and his lunatic lawyer still tried to play things their way, a year later (my divorce proceedings lasted nearly 2 years in court, we have children together, properties etc, it was a really stressful time for me, thank God it's over) when they realized the judge was going in my favor, they tried settling out of court which I said "no thanks to", plus the courts have listed my address as confidential due to the abuse so he does not know if the children and I still live there full time or not.

Again, please do not do anything without the court getting involved as his lawyer may include some legal jargon in the paperwork which may come back to bite you in the future, that's just my two cents.

Have a blessed day ahead 🙂

[CrimsonWarrior26 49]

7 hours ago, Modu said:

Oh my God , I knew it.. bless be the name of the lord... Congratulations to you my dear.. ur husband has failed.. 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣

Thank you!!!! He will regret what he did to me forever. He tried to put me down, I rise. God is sooo goood. ☺️

[Modu 256]

2 minutes ago, CrimsonWarrior26 said:

Thank you!!!! He will regret what he did to me forever. He tried to put me down, I rise. God is sooo goood. ☺️

Am totally on urside %100.. u are welcome dear 

[Pinkrlion 2,724]

6 hours ago, natalysmile said:

My husband offers a divorce with the signing of papers (documents) without the participation of a judge
The marriage was short, there was no common property, and I am outside the United States. He offers some money and a refund of my clothes if I sign the papers. by email, a divorce lawyer works with this. I do not know if I should agree to this? Or is it better to wait for an official divorce in a family court, I can’t be at this court because I left for my country.

I also filed VAWA  I don’t know if they will consider it
The most important question .... If The most important question .... If he and the lawyers believe that the court and the judge will not award (precisely for divorce )  , why should I be asked to sign papers so that the court does not exist( there was no trial)   ?

You can file a non-contested divorce that is signed by the judge and does not require a court date. That is why he is agreeing to give u this and have u sign. You need to get a lawyer of your own to deal with this matter. 

Edited August 17, 2019 by Pinkrlion

[Sagi23 18]

Congratulations!!! You can close that bad chapter of the book now and start a new one.

[natalysmile 75]

1 minute ago, Pinkrlion said:

You can file a non-contested divorce that is signed by the judge and does not require a court date. That is why he is agreeing to give u this and have u sign. You need to get a lawyer of your own to deal with this matter. 

I do not speak English well, and maybe I didn’t explain correctly. My husband filed for divorce. I am not in America, they made me my son go to Russia . And now, through his divorce lawyer, he proposes to solve this divorce case without a court or judge...Thank you.

[flyup123 82]

1 hour ago, natalysmile said:

I do not speak English well, and maybe I didn’t explain correctly. My husband filed for divorce. I am not in America, they made me my son go to Russia . And now, through his divorce lawyer, he proposes to solve this divorce case without a court or judge...Thank you.

there is no divorce without court. the Judge has to enter the Judgment of Dissolution of Marriage in order to get it dissolved. What your husband is probably trying to do is just to have you sign the documents and he will show up in court at the day of the prove up and present the mutual signed agreement, stating you both agree that there were irreconcilable differences and that the marriage couldn't be saved. It's an uncontested divorce, which basically saves you time and money and is done when you don't have anything to share, like properties or kids (is the baby his?). It also depends, how long were you together, do you have any shared properties (like did you buy a house together?) did you both worked and deposited everything into one account and you think a part of those money belong to you... this is when there is trial, when you can't agree on this kind of stuff. when you need to agree on what days you get the kid and what days he is. Is this your type of situation?

[Pinkrlion 2,724]

1 hour ago, natalysmile said:

I do not speak English well, and maybe I didn’t explain correctly. My husband filed for divorce. I am not in America, they made me my son go to Russia . And now, through his divorce lawyer, he proposes to solve this divorce case without a court or judge...Thank you.

You need to get a lawyer to help u understand what is going on. 

Edited August 17, 2019 by Pinkrlion

[natalysmile 75]

17 minutes ago, flyup123 said:

there is no divorce without court. the Judge has to enter the Judgment of Dissolution of Marriage in order to get it dissolved. What your husband is probably trying to do is just to have you sign the documents and he will show up in court at the day of the prove up and present the mutual signed agreement, stating you both agree that there were irreconcilable differences and that the marriage couldn't be saved. It's an uncontested divorce, which basically saves you time and money and is done when you don't have anything to share, like properties or kids (is the baby his?). It also depends, how long were you together, do you have any shared properties (like did you buy a house together?) did you both worked and deposited everything into one account and you think a part of those money belong to you... this is when there is trial, when you can't agree on this kind of stuff. when you need to agree on what days you get the kid and what days he is. Is this your type of situation?

Not. I and he did not have common children. Also, all the property belongs to my husband. The marriage was short-lived. These were K1 K2 visas.

[flyup123 82]

1 minute ago, natalysmile said:

Not. I and he did not have common children. Also, all the property belongs to my husband. The marriage was short-lived. These were K1 K2 visas.

then what is the hold up? Why you feel like you shouldn't sign the divorce papers? Do you think he owes you more than he offered? It shouldn't cost a lot to just go and get an attorney's advice just to get more knowledgable with the process. Good luck.

[natalysmile 75]

2 minutes ago, flyup123 said:

then what is the hold up? Why you feel like you shouldn't sign the divorce papers? Do you think he owes you more than he offered? It shouldn't cost a lot to just go and get an attorney's advice just to get more knowledgable with the process. Good luck.

Because I'm afraid and not sure.
Why does he want to resolve this issue personally and not through a trial

[flyup123 82]

1 minute ago, natalysmile said:

Because I'm afraid and not sure.
Why does he want to resolve this issue personally and not through a trial

Nataly, what do you understand through a "Trial"?

 

 

[Pinkrlion 2,724]

46 minutes ago, natalysmile said:

Because I'm afraid and not sure.
Why does he want to resolve this issue personally and not through a trial

In the US, you don't have to go to trial for a divorce. 

[Villanelle 4,122]

3 hours ago, natalysmile said:

I do not speak English well, and maybe I didn’t explain correctly. My husband filed for divorce. I am not in America, they made me my son go to Russia . And now, through his divorce lawyer, he proposes to solve this divorce case without a court or judge...Thank you.

Divorce is complicated in the US. I will try to write my response in simple English so you wont have to use a translator. If you still are having trouble understanding please post back. There are members who are fluent in Russian and English that would most likely be able to explain this in Russian to you through messaging since only English is allowed here. 

 

Divorce is done in a court. A judge will sign the final order of divorce also know as the divorce decree.   There are different ways to file for divorce. If both people are in agreement they present a written agreement to the court and the court will review  and approve it and then a divorce decree is issued. If the people are not in agreement  - it goes to trial. In a trial the judge will decide whatever the issue is and make an agreement for you. Does that make sense? If you can agree on things you do not need a trial. 

 

You need your own attorney to review the agreement. You can not trust his attorney. Only sign the agreement if you agree. If you do not- do not sign it. If you sign it he will have to present it to a court and the court will review it and then approve it and give you a final decree.

[Wausi 0]

Hello Everyone,

I am a victim of domestic abuse.  The domestic abuse happened last year while I was visiting my husband in usa. I have means to travel to the usa on visa waiver without a problem. My question is how can someone get 911 calls transcripts while in usa?. I plan to visit to collect the info I need for my application but I dont know how to do that. Anyone who knows the process?. 

Also concerning the case of proving bonefide marriage?. If the violence happened while you were a visitor in usa on a visa waiver, which means you only stay with that person while visiting. This means we have no Bill's in both our names because I was only in usa several time to visit him and then i would return to Europe. How can you prove bonefide marriage in this case?. I do have pictures for the civil marriage. I have the  flight tickets I took to  usa to be with my husband.  I have my visa waiver which has his address as place of stay while in usa. I have stamps on my passport. He send money to my sister once when she was in an urgent need and I couldn't help her?. I have also hundreds of phone calls we made in watsapp also showing the length each call took. Some are video calls. His name and picture is seen in the phone calls.  My question Is can this my evidence be seen enough to prove bonefide marriage?. Ofcourse  also have letters from my family declaring what they knew about our marriage.  And my own declaration. Your advice on this will be highly appreciated..