Divorce help (split)

[natalysmile 75]

5 minutes ago, aquila said:

Hi there, I am not an expert but I'll be sure to guide you in some way.

 

1. All divorces must be ended in court and there's no way around it. A judge must dissolve it based on the grounds presented before him in court.

 

2. How will a court order you who's not here in the US to pay for your husband's court bill and expenses if you didn't hire his lawyer for him. How sure are that they are not 2 friends trying to get money from you so therefore claiming that you've to pay so it doesn't go to court for divorce. (Sounds like a scam 😒)

 

3. Depending on the state he is filling the divorce, it is not a requirement for you to sign anything. The judge will grant him the divorce because he started and wanted it.

How were you served your divorce papers? By a sheriff, or mail in your case?

Skype video call in Russia is not an option 

I do not know how to do it right.
1. Sign what they ask (that my husband gives me money and we separated, divorced peacefully)
2. Wait for a divorce proceeding?
3. His lawyer wants me to pay for his services (because I didn’t agree to sign the document, which I, my lawyer, his lawyer and intermediary agreed in words in Skye)
thank you

[aquila 248]

25 minutes ago, natalysmile said:

I do not know how to do it right.
1. Sign what they ask (that my husband gives me money and we separated, divorced peacefully)
2. Wait for a divorce proceeding?
3. His lawyer wants me to pay for his services (because I didn’t agree to sign the document, which I, my lawyer, his lawyer and intermediary agreed in words in Skye)
thank you

I honestly don't know which option works best for you as the contents best describes the situation of your separation.

Option 1 you listed looks good but if all parties agreed on option 3 then let's wait for our experienced experts on this forum have a second thought in this your situation okay. Just be a little patient in this situation.

[Villanelle 4,122]

3 hours ago, natalysmile said:

Hello
I have a question on divorce proceedings.
My husband’s lawyer wants to sue that if I do not sign the peace agreement on divorce (we talked on Skype) I agreed first, and then changed my mind and did not send the document with a ballpoint pen.
Now they want to enforce this agreement in court
Also, the lawyer and my husband want me to pay all the costs of his lawyer.
My lawyer can only handle a divorce case.
She cannot take that lawsuit because I am not in the USA.
My lawyer advises signing a divorce agreement.
If I do not sign the agreement and there will be a lawsuit, for example, and the court will assign me to pay my husband’s lawyer.
Will this have any consequences for me?
My lawyer said that if I am in Russia then they will not be able to get money from me.

But since I am going to return to the USA after the approval of my petition ..

Can my non-payment harm me to enter the USA?

 

Thank you.

 

 Divorce is a separate issue from VAWA and since we try to not flood the VAWA thread with non VAWA topics I will be brief, if you still have questions we can go over it more in messages... 

 

First- any debts you have (credit cards, past due bills, judgements to another a person ordered by a court) will not have any impact on immigration matters. It does not impact your ability to get a GC nor can it cause your GC to be stripped and you to be deported. 

 

Second- divorce laws vary from state to state but generally in all states a divorce is either uncontested (meaning both people agree) or contested (meaning disagree) on the terms. The exact terms used can vary from court to court. One person will file divorce papers and the other person has to respond. There is a period of back and forth where the spouses are suppose to come up with an agreement. If they do, it is presented to the court and the court will sign off on it and make the divorce final with the terms you both agreed to. If both parties can NOT come to an agreement many courts will have a mediator assigned to help create an agreement.They do this to try to avoid using the courts time to handle it. But if an agreement still can not be made it will go to court and the judge will decide who gets what. Once it goes to the judge and the judge decides- its final. There is no more negotiations. 

 

People can ask for anything they want to be put in the agreement. They can ask for the other side to pay their legal fees. They can ask for alimony or spousal support. They can ask for all the assets to be theirs and all the debts to be yours. Just because they ask for it does not mean you have to agree to it! 

 

Natalysmile- your husband is using the court system to continue to abuse you. He is making outrageous demands- like you should pay his legal fees when you were never employed during the marriage and he was the sole financial provider. In my opinion no judge would rule that you should pay his legal fees.  Do not sign any agreement for the divorce that you do not agree with. You are better off letting the judge decide. 

Also what I believe your lawyer is telling you is that IF you do sign the agreement then your divorce decree will be granted with the conditions you agreed to- specifically that you owe him X amount of money for his legal fees. If you do not pay him he can file a small claims lawsuit against you for the money. The lawyer is saying she can not represent you in that court case. The small claims court would give him a judgement for the money which he will not be able to collect since you are in Russia but once you are back in the US he will be able to garnish your paychecks or have liens placed on any property you have to get the money he was awarded paid. 

 

Again, do not sign an agreement you do not agree with. Your state is an "equitable distribution' state. That means things are not divided equally but things are divided fairly. If your lawyers can not come to an agreement that you feel is fair- let the judge decide what is fair. 

 

 

 

 

 

[Ontarkie 14,234]

~~Sixteen posts removed from the vawa thread to help keep the OP's posts together and not derail the vawa thread.~~

[Electrichead64 29]

If you were legally obligated, they wouldn't need you to sign anything.  Tell him to go pound sand.