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
, 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.
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I wish you and yours the best in 2015,