Can a husband divorce a foreign wife? 18 Answers as of September 12, 2011

I got married 4 years ago to an American man. He called me and my son to live in the United States and we accepted. Now my son goes to school here and it has been 1 year since we came. I myself have a green card but my son does not. All of a sudden, my husband is now asking for a divorce. His reason is incompatibility. My question is, can he apply for divorce here in United States? If he can, can I get compensation or alimony due to me losing my job and my son's school issues of moving between countries ?

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Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Yes a husband can divorce a foreign wife. Based on the lenght of the marriage you will probably not get alimony.
Answer Applies to: Alabama
Replied: 9/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, he can file for divorce in the US since you all live here now. As for the "compensation", Spousal Maintenance is very difficult to get in Texas and with only 4 years marriage, unless you can show special circumstances, you will not get it. You could consider a Fraud claim, this would be civil and outside the divorce and again, nearly impossible to win. You would have to show that he married you fraudulently, he did so for his own gain, you are innocent in the matter, and that you relied upon his representations in such as way that his fraud induced you into the marriage and you would not have married him without those fraudulent misrepresentations. The only thing he has to do to defeat your case is simply state he married for love, it just did not work out and he had not ill intent.
Answer Applies to: Texas
Replied: 9/9/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Yes, as long as the jurisdictional requirements of the particular state are met, then, he can proceed with the divorce here. As to predicting what you may get in the divorce, there is no way anyone can really predict how that will come out with accuracy. Additionally, because you and your son are, apparently, not US citizens, immigration law comes into play. This is federal law and is entirely separate from divorce law. To deal with the immigration aspects of your case, you would need to consult an immigration attorney.
Answer Applies to: Washington
Replied: 9/8/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Yes, and yes you may ask for alimony but if he has no legal obligation to your son then there will not be any award relating to him however you can present evidence of your expenses one of which is your son.
Answer Applies to: Connecticut
Replied: 9/8/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
For a marriage of such short duration, spousal support is not likely, but you can ask for it and see what the Judge says.
Answer Applies to: Michigan
Replied: 9/8/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The only requirement for filing for a divorce in New Jersey is residency in New Jersey for one year. You can request child custody, child support and alimony.
    Answer Applies to: New Jersey
    Replied: 9/8/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    He can file divorce here, and you can ask for the support or at least compensation to you for those issues.
    Answer Applies to: Wisconsin
    Replied: 9/8/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Yes he can file for divorce in the state in which you live and yes, you may be entitled to alimony. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 9/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your husband can divorce you here. You may be able to get maintenance.
    Answer Applies to: Washington
    Replied: 9/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Your son does not need a green card because he is, I believe, an American citizen. Yes your husband can get a divorce. Yes you may end up with support. Yes you need an attorney now.
    Answer Applies to: Ohio
    Replied: 9/8/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You are entitled to seek a divorce in California as long as you have lived in the state for 6 months and in the county where you file if you lived there for at least 3 months. If there is a spousal support need for you, then the court may award that support. Unless the child is your husbands by birth or adoption, he has no legal obligation to support that child. However, you may be entitled to a hardship for your son if you do not get support from his father which could equate to a higher spousal support award.
    Answer Applies to: California
    Replied: 9/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. If he has a residence in the United States, he may file for divorce in the state in which he lives. Questions related to spousal support would require a careful review of all of the facts including the length of the marriage, the earning capacities of the parties, and any change in circumstance that occurred as a result of the marriage.
    Answer Applies to: Minnesota
    Replied: 9/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes. Divorce has to occur where people are living - not where they got married. You can ask for spousal support and a fair share of the marital property. What you might get from a judge, if you and your husband cannot agree, can't be predicted without much more information about your overall financial situation. You should consult an attorney for more information.
    Answer Applies to: Colorado
    Replied: 9/8/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your husband can divorce you if you moved to California. All he needs to claim is "irreconcilable differences" to get a divorce. The fact that you came from another country is immaterial. In the divorce, you can seekspousal support (alimony), attorney's fees, and division of community property. You can't get extra compensation due to your losing your job. You can't get child support or monies to deal with your son's school issues, since he isn't your husband's son.
    Answer Applies to: California
    Replied: 9/8/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    Anyone married couple can get divorced in California regardless of their citizenship status. Since California is a no fault state meaning the court doesnt care why you are getting divorced and there is no penalty. However, if certain promises were made prior to marriage the harmed spouse may have other claims outside of the dissolution of marriage proceeding and will need to contact an expert in contracts to find out what, if any, relief they may be entitled to. Second, in short term marriages spousal support is usually the duration of the marriage.
    Answer Applies to: California
    Replied: 9/8/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, he can file for divorce here, and yes, you can ask for spousal support and child support. Call a local family law lawyer for help. Best of luck.
    Answer Applies to: California
    Replied: 9/8/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Your husband can petition for divorce here in the US. Whether you get spousal support and how much that might be is very fact specific and you need to discuss the details of your case regarding the viability of your case for alimony.
    Answer Applies to: Georgia
    Replied: 9/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    He can file here since you live here. You should get a lawyer so your claims and financial rights are protected.
    Answer Applies to: Georgia
    Replied: 9/8/2011
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