# divorce advice please



## miscuser (Apr 5, 2018)

Never posted anything like this in any sort of forum, So Please excuse if anything is wrong.

I need some advice and guidance. 

Me and my spouse are getting into lot of conflicts. We are indian citizen and im legal Immigrant authorized to work in united states.

We are married for 8 months. Spouse came to united states after 4 months of marriage (3 months ago), We never talked much before marriage, it was a traditional indian arrange marriage where parents from both families meet and finalize. 

for the past 2-3 months we had lot of ego clashes and headed arguments.

We never had any physical contacts ever. 

we dont talk also these days. spouse was interested to get EAD so can work in united states (was not eligble to work otherwise), Do you think this marriage was setup for visa? 

Are we eligible for divorce?

How much it may cost? if the marriage is less than year


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## brooklynAnn (Jun 29, 2015)

With no kids and property to divide...maybe less than 500. You can go to your state website and print out the info...take it to court house and file it yourself.

Thats is if she agrees to the divorce....


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## miscuser (Apr 5, 2018)

I bought a home before marriage, and the mortgage is on my name. 

We have not bought any property after marriage or her name is not on any property.

and Car is on Finance and its on my name.

Does that count? Here property means items we buy together correct? 

How does alimony fits here?


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## brooklynAnn (Jun 29, 2015)

You have been marriage for less than a year. And had those things before her. So, hurry up and file. You should see a lawyer quickly and file. The longer you prolong it the.more complicated it becomes.

Talk to a lawyer.

Good luck


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## brooklynAnn (Jun 29, 2015)

She will not get any alimony. You might have to prove that she married for a visa if things become to complicated.....you really need. Lawyer.


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## miscuser (Apr 5, 2018)

Will it become complex if she does not agree for divorce?


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## EleGirl (Dec 3, 2011)

miscuser said:


> Will it become complex if she does not agree for divorce?


No. Since you have been married only a few months, divorce should be easy to get. She does not have to agree to the divorce. 

The laws are a bit different in each state, so knowing which state you live in could help us help you. If you are will to share that info of course.

Everything you owned before marriage is your separate property.

If you two had been married for a longer time, say 10 years, then in some states she could claim 50% of the equity in the house. That's because the house payments would have been made for 10 years with marital assets (income). So if you put $20,000 down on the house and current equity was $100,000... you would keep your $20,000 and then the two of you would split the remaining equity... $80,000, or $40,000 each.

But with you being married for only a few months this should not be an issue.

now there are some other concerns, does she have any income right now? Is she working or can she work at this time? Can she return to India?

One thing about assets that you had prior to marriage (separate property), no not ever mix it with marital property. In heritance and gifts are also separate property as long as you do not mix them with marital property or income.

But all this is far more complicated than your situation since your marriage was only a few months ago.

Also, some states have a mandatory waiting period. Amazon.com sells books for each state on the topic of divorce. You can also find out a lot by going to your state's court self help website.


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## arbitrator (Feb 13, 2012)

* @miscuser ~ In which state do you reside?*


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## miscuser (Apr 5, 2018)

Ga state. She is not authorized to work in USA yet. She is here for 2 months only. She has no income here.

She has to go back to home country if divorced. Because of the cancellation of visa.


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## Fenix (Jul 2, 2013)

miscuser said:


> Ga state. She is not authorized to work in USA yet. She is here for 2 months only. She has no income here.
> 
> She has to go back to home country if divorced. Because of the cancellation of visa.


sounds like a win win then.

I would not assume it was a visa marriage. I work with a lot of people who are in arranged marriages and it is just the culture. But, it isn't working out--and this is such an early stage. May as well cut your losses now. It just sounds like it is a really bad match.


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## miscuser (Apr 5, 2018)

Thanks for all your Advices. Now I'm working with an attorney, prepared a complaint and agreement. I gave the packet with cover letter in person. As I thought she ignored and started getting angry, her mother started saying call police and complain about me. My fate. Do I need to worry? Can they file complaints like that? False complaints.

Attorney will send email with complaint Monday and she has to acknowledge within 2 weeks else the complaint will be served by a sherriff or private server.

Fingers crossed, hopefully all goes peacefully.


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## miscuser (Apr 5, 2018)

She stays in my home with her parent's, do I need to ask for protection? Or can I request them to move out of my home to extended stay?


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## oldshirt (Apr 1, 2017)

These are all questions you need to be asking a divorce lawyer that practices in your specific jurisdiction.


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## miscuser (Apr 5, 2018)

I did, its weekend. I think I may get reply from them Monday.


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## Dawghoused (Mar 24, 2018)

I will better to file your divorce ASAP. Because it is a short time you have been married and it seems like it was just for the VISA. So, it will be easy to get the divorce. Hurry Up! Take the advice of an expert lawyer and file your divorce.


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## SunCMars (Feb 29, 2016)

Were you married in the United States or in India?

If India, that 'may' be a problem.

There might be 'Long Arm' jurisdiction problems with other countries laws. 

Maybe, if the other country does not recognize our divorce decree.
That would not be a problem unless you were to return to India and she fliled some sort a legal action against you.

Especially so, if one spouse does not consent to the divorce. Since both of you are here, it may not cause any problems.

A good lawyer should be able to hash this out.


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## miscuser (Apr 5, 2018)

She created a big problem. She left home with out even telling her parents, when I came home her father told she left home and not returned and they started crying, I called 911 they did an enquiry and said she is an adult she left home at her will, they cannot do anything, they also said they will file a missing report and if they see her they can advice her to come home stating her parents are worried.

By the time few neighbors came and join us, after cops left the place my father in law started treating me and about to pick edging stone to hit me. Luckily neighbors hold him and make him calm.

I left home to stay in a motel this weekend till I get a chance to talk to my attorney.

What I did is correct? Any advice?


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## jlg07 (Feb 24, 2017)

Its your house -- why not have the police remove them from your property if the father in law is threatening you? Especially since you have witnesses (the neighbors who held him back)


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## miscuser (Apr 5, 2018)

I just want to hear back from my attorney.


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## EleGirl (Dec 3, 2011)

miscuser said:


> She stays in my home with her parent's, do I need to ask for protection? Or can I request them to move out of my home to extended stay?


Oh no, so you married her and now have her parents too? Are you supporting her parents as well?

I suggest that you get a VAR (voice activated recorder) and have it on you at all times when you are home. Keep it hidden on you so that they cannot see it. Make sure it's turned on so that it will record when someone speaks. The purpose of the recorder is so that if they make false accusations, you have a recording of it for the police. 

Now if they are speaking in whatever your native language is, you might need to get a translator to tell the police what they are saying. 

If they start verbally attacking you and making false accusations, then you need speak in English and try to get them to speak in English.

If there a room in the house that you can move into as your own bedroom. That way you can get away from them, lock the door.

I know it's uncomfortable, but you will need to stay away from them as much as possible.


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## EleGirl (Dec 3, 2011)

miscuser said:


> She created a big problem. She left home with out even telling her parents, when I came home her father told she left home and not returned and they started crying, I called 911 they did an enquiry and said she is an adult she left home at her will, they cannot do anything, they also said they will file a missing report and if they see her they can advice her to come home stating her parents are worried.
> 
> By the time few neighbors came and join us, after cops left the place my father in law started treating me and about to pick edging stone to hit me. Luckily neighbors hold him and make him calm.
> 
> ...


Yes, what you did is right. 

Normally I would suggest to not leave your home because she (and her parents) cannot kick you out of your home and legal residence. But it sounds like your FIL (father-in-law) is a bit crazy.

If you want to, since he tried to hit you can file charges against him and get a restraining order. He will have to leave your home. Does your FIL have the money to find a place to live for a while until they can get tickets back to India?


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## EleGirl (Dec 3, 2011)

miscuser said:


> I just want to hear back from my attorney.


Yes, you can talk to your attorney on Monday. Doesn't he have an emergency number for weekends?

But, I suggest that you call the police while you are in the hotel and tell them about your FIL's attempted assault on you. You don't need your attorney to do that.


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## miscuser (Apr 5, 2018)

What happens if she goes to India without signing the papers?


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## EleGirl (Dec 3, 2011)

miscuser said:


> What happens if she goes to India without signing the papers?


You will of course need to ask your lawyer this. But I'll give you the answer that is generally the way it works.

You file for divorce. She will have some number of days to respond. If she does not respond, you get your divorce by default.

She cannot stop you from getting a divorce.


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## Pam (Oct 7, 2010)

If she leaves for India without signing the papers, I would look into annulment since you have been married such a short time.


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## miscuser (Apr 5, 2018)

Since they are living with me after serving divorse papers, how can I save myself from any false harrassment or any other false charges?


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