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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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,MY husband has threatened me with divorce and currently

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Hi ,MY husband has threatened me with divorce and currently we dont have a status,the bussiness visa has expired and we are waiting to apply on the Obama Law in May which is giving legal stay to people with children who are citizens.I have 2 boys ages 13 and 9 who are citizens of US .M y questio is that with my status can I get half of his property and child support.I am not earning now but plan to after I finish my USMLE exams in about a year.I am pakistani national so is my husband but we have been in US for almost 15 years now on bussiness visa paying taxes etc.I want to know where I stand if we get divorced and what can and should I get and ask for,and what about the finances,can the lawers wait for settlement to get paid????
Good morning,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What state are you in?
2. Does your husband earn more monthly income than you do?
Doug
Customer: replied 2 years ago.
Iam in New york,and my husband earns around 15 thousand or mor he has his own business.
Customer: replied 2 years ago.
Yes more than me right now I am not earning.
Good afternoon,
Thank you for the additional information.
First of all, under the law, you do not have to be a citizen of the US, or even legally in the country, in order to get a divorce here. All you need claim is that you have resided here in the state for 6 months or longer. You are free to petition for a divorce now even before you are able to secure a change in your residency status here is the US.
In your situation, when you file for divorce, you will probably want to seek to have your spouse relocate to a different residence, and leave you and your children in your home. This is possible too. Let me explain.
In order to force your spouse to relocate from the marital home, or to pay support either for yourself or your children, it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home, to grant you primary residential custody of the children if there are any of your marriage that are minors, as well as for an order that your spouse pay you both child support, and spousal support/alimony, until at least the entry of the divorce decree.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody and child support as well as spousal support. It is important for your future that you do well at the Temporary Hearing.
Presuming that you are the primary caretaker of your children, you can expect that the judge will make the temporary order such that you and the children will remain in the home and your husband moves out---this is pretty common and is really in the best interests of the children.
In terms of child support, with 2 children, you can expect the court to award you approximately 25% of your spouse's monthly income.
Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a number of years.
Issues the court will generally look at in determining spousal support include:
1.The present respective incomes of the parties;
2.The education levels and earning capacities of the parties;
3.The ages and the physical, mental and emotional conditions of the parties;
4.The duration of the marriage;
5. Whether either party will be caring for children of the marriage;
6. The standard of living established during the marriage.
While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage of the receiving party or upon their cohabitation with a new partner.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 2 years ago.
How much will a family lawyer cost?
Customer: replied 2 years ago.
What if I wait for him to file for divorce do I need a lawyer for myself or will be appointed one?
Good afternoon,
A family law attorney will probably cost between $5, 000 and $10,000. Your attorney can ask the court to order that your spouse pay your legal expenses though.
People getting divorces are not "appointed" lawyers to represent them. Only in criminal cases are people entitled to a free lawyer. You are allow to retain your own private attorney if you wish, though.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug
LawTalk and 5 other Family Law Specialists are ready to help you
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.
I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.
Thanks again.
Doug