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State NY. I get USA citizenship through marriage. But I have

citizenship of European country, where...
State NY. I get USA citizenship through marriage. But I have citizenship of European country, where i came from. I predict long , heavy and unpleasant divorce process with my husband. I don't want to claim any of his martial assets, just want to divorce and go back to Europe and do not came back. If I do so, will the state end this marriage eventualy somehow?
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Answered in 3 minutes by:
10/19/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,993
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You are free to move to Europe and not come back, but doing so will not terminate your marriage, no matter how long you're gone. The only ways a marriage can terminate are through divorce or death or one of the spouses. It's possible that if you move and don't come back, your spouse will file and obtain a divorce without you. You don't have to participate if you're not asking for any property or spousal support. The judge will enter a default and give him whatever he asks for.

It's also possible that if you tell him you don't want anything, he'll sign a settlement agreement that allows the divorce to go through more quickly. That's up to you.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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Customer reply replied 3 months ago
34; The judge will enter a default and give him whatever he asks for." He is more wealthy then i am, but i got some assets in form of stocks, obtained during marriage, exclusively by my earned money. Will he be able to claim those assets from me, if i move. Will it gets me in trouble somehow.

If you don't participate at all, there's no way to promise what the judge will award. If you have assets of your own that you want to be sure to keep, it might benefit you to do a settlement agreement instead. Otherwise, the judge might rule that those things are marital property and give your husband half, which you don't want.

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Customer reply replied 3 months ago
Settlement agreement as well divorce out of a court is not much an option in my case, as there are hints from my husband that in case i ask for divorce, he will put a lot of efforts not to give it to me, or make process long as possible. Can i sell my stocks to afford a attorney? Does it will not appear as hiding (spending) assets before divorce?

Selling all your assets can look a bit suspicious, although it looks more suspicious if you were moving the money to accounts in your home country rather than hiring a lawyer. If you're interviewing lawyers and only taking what you need to pay for the divorce, it is usually OK. The judge will be able to see that you're just trying to pay for the divorce.

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Customer reply replied 3 months ago
I thought to land (give) some money to my parents, which both lost a job due to
redundancy, but husband does not allowed me (which was the last drop to divorce), and no i am afraid that this will appear as hiding assets before divorce. "Before divorce", i know, it is obscure concept, but is there any borders, how any month before divorce is "Before divorce"?

Generally, the judge is looking at whether the parties are contemplating or planning divorce at the time of the gift. If the assets are from money you had before you got married, then that's your separate property, so it's different.

It's also possible that if you give money to your parents, the judge will take it out of your share of the other marital assets.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,993
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
Kay, Lucy! Thank You!
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Lucy, Esq.
Lucy, Esq.
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Category: Family Law
Satisfied Customers: 30,993
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