Husband and Sponsor of Immigrant (via K1) wants a divorce after two months. Does he pay wife's legal expenses?

[Ontarkie 14,171]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K1 P&P- As similar topics are discussed here.~~

 

 

[Cathi 5,726]

9 hours ago, bolero_pa said:

 and she shouldn't be worried about being strapped with what would be financially crippling bills if later, she moves back to her home country where salaries are so much lower. My concern was that she might not hire an attorney, due to financial concerns, and then get crushed in the divorce proceedings. 

Thanks!

She has no legal path to stay here, she has no choice but to go home. Why would she have "financially crippling bills later" and "get crushed" after a 2 month marriage? Am I missing something? I'm confused by these statements. She's entitled to nothing.

[Lemonslice 4,725]

2 minutes ago, Cathi said:

She has no legal path to stay here, she has no choice but to go home. Why would she have "financially crippling bills later" and "get crushed" after a 2 month marriage? Am I missing something? I'm confused by these statements. She's entitled to nothing.

That is also the way I see it.  If they are amicable, it might be a good idea to sit down together and compare the cost of a contested divorce ($$$), vs the cost of just filing together ($), and then use the difference to get back home/have a little starting fund.  I think there is a way for both of them to win by making it as easy as possible.  

[nastra30 2,246]

11 hours ago, bolero_pa said:

Due to the Affidavit of Support, which is part of the K1, isn't the husband responsible for all her legal fees?

The I-134 affidavit of support is not enforceable so it won't be the mechanism for a legal fees responsibilities.

[carmel34 3,585]

This is a divorce question only since her legal presence in the US will end when he stops, withdraws, or does not even begin the adjustment of status process.  She should find an experienced family law attorney, who will know how to make her husband pay all legal fees, assuming from your post that she does not have any money of her own.  She is married, so all of their cash and debts since marriage (including money owed to attorneys going forward) are shared marital assets and debts.  In most states, he will have to pay her legal expenses and a good attorney will have experience with this.  If the husband is smart, he will try to minimize legal expenses for himself and his wife by negotiating a settlement with her and her attorney, an agreement that specifies he will pay for the divorce and legal representation for both parties, with some money for her and a return flight home.

Edited September 10 by carmel34

[Bob in Boston 666]

Have her contact a social worker, Lots of Lawyers do Pro Bono (free) work. 2 months of marriage is nothing but paperwork. Best she can hope for is a free ride home.

[Carpe Vinum 2,327]

What he SHOULD do is pay for the divorce with a single lawyer for both. They have not been married long enough to have any shared property or alimony due. He should be a good guy and pay for her flight and put a little money in her pocket for a fresh start.

[Lee Thacket 29]

12 hours ago, Carpe Vinum said:

What he SHOULD do is pay for the divorce with a single lawyer for both. They have not been married long enough to have any shared property or alimony due. He should be a good guy and pay for her flight and put a little money in her pocket for a fresh start.

 

Is that common practice in the United States - having one lawyer to represent both parties in a divorce? I have never heard of that happening in my own country.

 

Can I ask why he wants a divorce after just two months?

[TBoneTX 44,868]

4 minutes ago, Lee Thacket said:

having one lawyer to represent both parties in a divorce

It can and has been done.  Is it advisable?  It's usually recommended against.

If there's going to be absolutely no argument between the parties about division of assets, etc., it can be OK.

[OldUser 6,170]

5 minutes ago, TBoneTX said:

It can and has been done.  Is it advisable?  It's usually recommended against.

 

I think the reason why it was suggested is because OP's friend cannot afford a lawyer and there's probably not much estate to split after 2 month marriage.

[TBoneTX 44,868]

5 minutes ago, OldUser said:

I think the reason why it was suggested is because OP's friend cannot afford a lawyer and there's probably not much estate to split after 2 month marriage.

Acknowledged.  The couple should agree on as much as possible and consult a lawyer for the rest (even seeing one or more for the usually-free initial half-hour consultation).  The USC might even be able to submit divorce papers himself, with competent guidance.  Investigate the possibilities.