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Do I Have to materially support my wife before after our divorce since she has sizable assets (real estate) in her own country, has her university degree as well as the work authorization and I live on my pension? Very short time after my wife received her Conditional Green card she filed for a Domestic Violence Restraining Order application against me based on false allegations such as among of many others that I use her as a sexual slave in spite of I even never insisted when she was not in the mood. Just two months before during our interview in INS she told to the INS interviewer that she loves me and we have good time together. Before that interview we lived together as a husband and wife for seven months and never changed the pattern of our relationships after that interview. That means she lied to the INS interviewer or lied to the case police officer. Response 1: You do not have to support her if she has substantial assets and therefore self-sustaining. However, under the contract you signed with United States Government through your Affidavit of Support, you have legal obligation to support your spouse, to ensure that she is not a public burden.
Such false allegations literally put a knife into my heart and killed my love to her. Now I do not want to deal in any way with her. I want a divorce. Do I have to go for that or you might offer other options? Response 2: If the marriage is irretrievably broken, you have no other choice but to file for divorce on the ground of incompatibility. See Nevada Revised Statutes Section 125.010. More importantly, you should make sure to show up for the hearing on the Restraining Order. When a Restraining Order is issued, it is issued ex parte, without notice to the other party in the case. Then protect the other party’s due process rights, the right to confront his accuser, the Court must hold a hearing as to whether to extend the Order. At this hearing, you must tell the Court why you want this order to be dismissed. You want to do this so that your spouse would not use the Restraining Order to subvert immigration laws, to get away from charge of marriage fraud— that she married you solely to get her Green Card.
You may file the divorce yourself or use a local divorce Attorney to file the divorce.
Divorce forms and instructions
You can use the following sites to find local divorce Attorneys:
You may also report her to U.S. Immigration and Customs Enforcement ("ICE") for investigation for marriage fraud. She would be investigated and if ICE finds your side of the story credible, they would come and get her for deportation. Her Conditional Green Card would be revoked
Click on the link below to file your report with ICE:
Report to ICE
One additional question. Her assets valued at about $125000 shown in affidavit of support form I-864 is real estate. So, it has to be sold to get the proceeds while my all annual income from social security and pensions is under $40000. What is the typical court I may expect to support before and after divorce? Does she still to live in my house or I have to pay for her apartment also while I do not have enough money for her support?
One additional question. Her assets valued at about $125000 shown in affidavit of support form I-864 is real estate. So, it has to be sold to get the proceeds while my all annual income from social security and pensions is under $40000. What is the typical court I may expect to support before and after divorce? Does she still to live in my house or I have to pay for her apartment also while I do not have enough money for her support? Response: The Court would review various factors before deciding whether or not to award spousal support/alimony to one spouse. Thus support is awarded on a case by case basis. See Nevada Revised Statutes Chapter 125 Section 125.150:
NRS 125.150 Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court. Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.
8. In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:
(a) The financial condition of each spouse;
(b) The nature and value of the respective property of each spouse;
(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
(d) The duration of the marriage;
(e) The income, earning capacity, age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career before the marriage of the spouse who would receive the alimony;
(h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
(i) The contribution of either spouse as homemaker;
(j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
(k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
9. In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
10. If the court determines that alimony should be awarded pursuant to the provisions of subsection 9:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipient’s skills relating to a job, career or profession;
(2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employer’s costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipient’s goals for his or her career; or
(III) Courses of training in skills desirable for employment.
11. For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly
Exclusively For PhillipsEsq,
The court hearing was held on Aug 24. My wife asked for the one year extension on restraining order ( to circumvent 1 year conditional green card term). The judge said that since it was a very weak case he gave her 2 months. During the hearing the judge asked her lawyer when they file for divorce. The lawyer answered that within a week. I waited and waited and it never came. I wanted to file for the divorce myself but I do not know my wife address to serve her papers. Now two potential options possible and I need your advise which one I have to pursue.
Option 1 I (or my friend as a witness) can serve her no-fault divorce papers on coming October 24 hearing. Plus of that move - I do not need to know her address
. Minus - she potentially reject the notion of no fault and ask for material support in spite of having considerable assets (real estate - see previous material on that case) outside of country.
Option 2 I file to INS papers for marital fraud before hearing on October 24. Since INS investigation is a slow process what are the potential chances of success? (See more detailed info in our previous exchanges - She lied to one of official officers - during the INS interview in May saying that she loves me and to the police officer during application for the restraining order trying to demonize me in spite off nothing changed in our relationships before and after interview. Only one thing changed - she received her green card. My fear is - If INS will not expel her and will not annul our marriage I will end up formally married to her. She in that case can drug divorce procedure forever.
I am looking forward to hearing from you!
Option 1 I (or my friend as a witness) can serve her no-fault divorce papers on coming October 24 hearing. Plus of that move - I do not need to know her address
Response 1: You CANNOT serve her with the divorce papers because you are not a disinterested party in the case. The Summons and the Complaint must be served on her by a process server or Sheriff. However, since you do not know her address because of her Restraining Order, you can ask the Court if the Summons and the Complaint can be served on her Attorney. Or you can ask in the open Court f the Court would allow you to hand over the Summons and the Complaint to her Attorney. Generally, you are not allowed to serve someone Summons and the Complaint at the Courthouse.
Response 2: I am not sure what your chances of success would be. Also with the government shutdown, the investigation would take much longer. Finally, you do not have to choose between Option 1 and 2. You can choose both. You can file for divorce while also reporting her to Immigration for marriage fraud.
Exclusively For PhillipsEsq
Since I personally can not serve her in the court divorce related paper can me friend do it? Is it better to serve her or her lawyer?
Since I personally can not serve her in the court divorce related paper can me friend do it?
Response 1: Your friend cannot serve her the papers. You need to get a process server to serve the papers.
Is it better to serve her or her lawyer?
Response 2: It is not a question of which one is better. Summons and a copy of the Complaint must be served on your spouse UNLESS her Attorney agrees to accept Service on her behalf.
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