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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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I am h1 immigrant. I married my spouse in india and got her

Customer Question

Hello,
I am h1 b immigrant. I married my spouse in india and got her into usa on h4. She also got work permit on h4. I am married for 11 months. She had an ex boy friend whom she is still in relationship during our marriage. She filed a false restraining order just after she got work permit and moved out of house. As a part of that case she asked for spousal support. I am paying support since 3 months. My restraining order trial in next month. Hopefully I will fight that back with all the proofs. I also served her divorce papers, and filed my declaration of property documents this week. Here are my questions now.
1.) How can i stop spousal support payments after 6 months, as I supported for more than half length of marriage. My lawyer is suggesting vocation, which is costly. Isnt it automatic that i dont need to support after half length of marriage?
2.) How to make the process of divorce quicker from here. Should I get some sought of a trial date for divorce from court. I heard they will give it as a date after 6 months of divorce serving. Now already 3 months are over from date I served papers. How can I make sure I get a divorce after 3 months without lag? What are things I can do to speed this up
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Roughly half the length of the marriage is a general rule of thumb, not a hard and fast rule. There are many scenarios where a person may wind up supporting a spouse for more than half the length of the marriage, such as if your wife is not legally permitted to work in the U.S.

If you signed documentation requesting that your wife be able to come to the U.S. on a visa, and that was granted, you may have also filed an affidavit of support. When you sign that, you're promising to make sure your wife has enough money to live in the U.S., and that's legally enforceable. Look to see what you signed - you may have agreed to support her until she has 10 years of work history in the U.S. (that's common). The judge has to enforce that promise, so your support could last much longer than half your marriage. Make sure to verify what you signed, and give your lawyer a copy.

The fastest way to get a divorce is if you and your wife can agree on all of the issues, including division of assets and spousal support. When you do that, it may be possible to skip a trial and get an order dissolving the marriage sooner. With that said, California has a mandatory 6 month waiting period before a divorce will be entered. It is unfortunately impossible to be divorced in less than six months, even if you've had a trial or a judge has approved your settlement. A judge can extend the six month waiting period, but cannot reduce or waive it.

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