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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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My step sons wife is a Korean citizen with a green card, a

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My step son's wife is a Korean citizen with a green card, a social security number and they have a son, an America Citizen. There son is Autistic. They sent him to Korea to live with his wife's family for what was going to be about 4 months. Due to financial difficulty it extended to a year. Several weeks ago she went to Korea under the auspices of going to going back to finish her degree in Korean college and return with their son. She got over there, and said she wanted a Divorce. My step son says he wants the divorce too now, because of all the demands she places on her. He doesn't think he can raise the child alone. She says she is coming back to the U.S. and wants him to divorce her and pay child support. I say he should do nothing and sit on it and see what she can do. My big question is : What rights does she have over him? Both in Divorce and Child Support. Not that I want him to dodge the issue of helping his son, but he struggles badly with finances.
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question. This is legal quandry. He can wait for her to file here. Unless she comes back to U.S. here to file it may take awhile. If she gets a foreign divorce she would have to then try and enforce through the Hague Treaty.

This a slow process. You may well be thinking right here to do a wait and see. She may file or she may not you never know. She would be entitled to divorce and the court in Korea or here woud decide all the related issues.


 

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