what is the law against if my us husband wants to divorce me but i dont? 25 Answers as of July 08, 2013

My us citizen husband wants to divorce me. Can court force him to get me us citizenship or some amount of money?

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Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Only one party needs to request the divorce. So unfortunately you could not stop it. As to money or property, that can be requested as part of property division or support. The court has to consider those areas - but usually parties reach an agreement on those areas.
Answer Applies to: Wisconsin
Replied: 7/14/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There are many factors at play here and no lawyer can answer your question as written. What you are entitled to, if anything is fact dependent. That said, it takes two to be married, only one to divorce. So, if he filed for divorce, you will get divorced whether you want it or not. How long the process takes, what you receive as part of the settlement, etc. is another series of question.
Answer Applies to: Texas
Replied: 7/13/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
If the two of you are here in Connecticut, your spouse can file for divorce and get divorced. The family court won't deal with citizenship - that is for Homeland Security. They can control payments of support, including alimony, and division of assets and debts between you.
Answer Applies to: Connecticut
Replied: 7/13/2011
Pontrello Law
Pontrello Law | William Pontrello
he is the person who runs the case if he file he can move it through. can force citizenship, can award alimony.
Answer Applies to: Florida
Replied: 7/8/2013
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If someone wants to get a divorce then even if the spouse does not want the divorce it can still be granted. Whether or not you can force your spouse to obtain your citizenship or be made to give you money depends on the facts and circumstances of the marriage.
Answer Applies to: Alabama
Replied: 7/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can request alimony and a property settlement under appropriate circumstances. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You may be entitled to money because of jointly held assets or alimony. You should discuss your situation with a Florida Divorce attorney.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    You cannot prevent your Husband from getting a divorce if he swears the marriage is irretrievably broken. Many times when there is a non-citizen marriage, immigration will require the citizen to sign an affidavit of support. I suggest you try to locate a copy of this document. Alimony may also be available. I suggest you consult a local 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: 7/13/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California the court will not force someone to stay married. Each married couple has a right to get divorced. In cases where one spouse is not a U.S. citizen the U.S. spouse often asks for dissolution of marriage based on fraud stating that the non-citizen spouse was just using them to get citizenship. In addition the U.S. spouse has a right to withdraw any application they supported for citizenship of the non-citizen spouse. If immigration determines there was fraud they could prosecute the non-citizen spouse and bar them from ever becoming a U.S. citizen.
    Answer Applies to: California
    Replied: 7/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since Georgia has a no fault divorce law, if he wants a divorce and you don't there will be a divorce. You will want a lawyer to make sure the case goes as well as possible.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Either party may divorce the other party in Ohio. We do not compel people to stay married. A part of that process is the division of assets acquired during the marriage. Please see a domestic relations attorney for more information.
    Answer Applies to: Ohio
    Replied: 7/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado your consent to the divorce is not required. Your husband cannot "get you citizenship" and a court cannot compel him to do something he can't do.
    Answer Applies to: Colorado
    Replied: 7/12/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Unfortunately, California is a no fault state. So, he can get the divorce even if you don't want it. The court cannot force him to give you citizenship. However, if there is a discrepancy in your income, you could collect temporary spousal support. Depending on the length of the marriage, you could collect permanent spousal support.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    California is a no fault state. Divorce does not require the consent of both parties. If you husband files divorce, his request to terminate the marriage will be granted. Best thing to do is to see if there are property and support issues that would justify hiring an attorney. Meet with an attorney in a free consultation to understand your legal rights.
    Answer Applies to: California
    Replied: 7/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No. If he wants to divorce you, then he can divorce you. Your immigration status is a completely separate issue that you would then have to deal with on your own.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the divorce is in California, your husband can divorce you on the grounds of irreconcilable differences: he wants a divorce and you don't. You can't force him to give you citizenship. You may have rights to community property, spousal support, and attorney's fees. You should at least consult an experienced Family Law Attorney regarding the particulars of your situation, and you would best retain an experienced Family Law Attorney to represent you in the divorce case.
    Answer Applies to: California
    Replied: 7/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law your husband is entitled to a divorce if he wants one. The court may decide he has some ongoing support obligations to you, and the court will decide what property should be awarded to each of you. The divorce court does not have the power to make decisions about citizenship.
    Answer Applies to: Washington
    Replied: 7/12/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    There is no way to prevent a divorce if the other spouse wants one; New York was the last state to require a finding of "fault" for a divorce to be granted. Now, if one spouse seeks a divorce they may pursue it, regardless of the wishes of the other spouse. With regard to your citizenship, if your husband sponsored you to come into this country you may be eligible for a period of spousal support based upon that sponsorship, in addition to your rights for spousal support under Louisiana law. (This is an additional means or reason for requesting support, not an additional amount.) There is no way to force your husband to "get you citizenship," but he may be financially liable for you until you can support yourself or remarry, depending on several factors.
    Answer Applies to: Louisiana
    Replied: 7/12/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Your husband can get a divorce without your permission. You may be entitled to support and an equitable award of property. The divorce court cannot force him to get you US citizenship, but you may be eligible for that as a result of your marriage, even if you are getting divorced.
    Answer Applies to: Oregon
    Replied: 7/12/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, assuming jurisdiction is otherwise proper in Washington, to get a divorce, at least one of the parties has to be willing to appear in court and swear that the marriage is irretrievably broken. So, as long as your spouse is willing to do that, then, sooner or later, there is going to be a divorce. The rest of the case is going to be about division of debts, property, children, child support, etc. As to your immigration status: Divorce happens in state court. Immigration, however, is a federal matter. Therefore, in general, the state courts have no jurisdiction to do anything about immigration status. The only exception to that which comes to mind is that it is possible your spouse signed some sort of undertaking with the federal government to provide a certain minimum level of support to you. If that in fact was done, then, that might be enforceable in state court. However, you would need to have an immigration lawyer assist you with that. Ignoring the immigration issues, there are certain criteria that the court looks at when dividing debts, property, and awarding maintenance. Some of those are: the duration of the marriage, the age of the parties, the health of the parties, the educational background of the parties, the work history of the parties, each party's income and ability to support themselves, and each party's need for time or education to make themselves self-supporting. Whether you can get "some amount of money" is going to depend on these criteria.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    All that needs to be shown is the marriage is irretrievably broken. You can't stop a divorce.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington State you can't stop him from divorcing you. You will be entitled to a fair and equitable division of his and your assets however.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    In WI, if one party can say that they want a divorce and the marriage is irretrievably broken, they can get a divorce. As for the citizenship questions, you would need to talk to an immigration attorney on what you would need to do to become a citizen.
    Answer Applies to: Wisconsin
    Replied: 7/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can't force him to Petition for a Green card, but you may be entitled to spousal support.
    Answer Applies to: California
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    California is a "no fault" divorce state. This means either spouse can decide to divorce the other spouse without any reason at all. The other spouse cannot stop the divorce. In addition you cannot force your husband to "get you" citizenship in the US. As to money, when you divorce the court will decide if your spouse will pay you spousal support and will otherwise divide the community property assets.
    Answer Applies to: California
    Replied: 7/12/2011
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