can they get a divorce in the USA?

[barton]

What is the name of your state? New Jersey

My son married in the Philippines 4 years ago and brought his wife back to the US. She has her permanant residency here and they never had any marriage cerimonies here in this country, but do have a legal marriage certificiate from the Phillippines. Now they want a divorce. Both agree to this and she wants to return home.
Can they get a no-fault divorce in New Jersey or does this need to happen through the Phillippine legal system? Is a marriage in the Philippines legally binding in the United States?

[Bali Hai]

Originally Posted by barton

What is the name of your state? New Jersey

My son married in the Philippines 4 years ago and brought his wife back to the US. She has her permanant residency here and they never had any marriage cerimonies here in this country, but do have a legal marriage certificiate from the Phillippines. Now they want a divorce. Both agree to this and she wants to return home.
Can they get a no-fault divorce in New Jersey or does this need to happen through the Phillippine legal system? Is a marriage in the Philippines legally binding in the United States?

As you know there is a heavy US presence in the Philippines. Your son should have gone a few thousand miles southwest of there. Have him give me a call when his divorce is final, and I'll set him up with a real woman.

[LdiJ]

Originally Posted by barton

What is the name of your state? New Jersey

My son married in the Philippines 4 years ago and brought his wife back to the US. She has her permanant residency here and they never had any marriage cerimonies here in this country, but do have a legal marriage certificiate from the Phillippines. Now they want a divorce. Both agree to this and she wants to return home.
Can they get a no-fault divorce in New Jersey or does this need to happen through the Phillippine legal system? Is a marriage in the Philippines legally binding in the United States?

Yes, a legal marriage in ANY country is valid in the US. Yes, they can get a no fault divorce in NJ because jursidiction for divorce depends on legal residency. They are both legal residents of NJ therefore they can get a divorce in NJ and if they are in agreement, it can be a no fault divorce.

However, its clear from your questions that at least your son hasn't consulted an attorney. It would be far more sensible for your son to at least do that, and probably wiser to hire one.

[barton]

Originally Posted by LdiJ

Yes, a legal marriage in ANY country is valid in the US. Yes, they can get a no fault divorce in NJ because jursidiction for divorce depends on legal residency. They are both legal residents of NJ therefore they can get a divorce in NJ and if they are in agreement, it can be a no fault divorce.

However, its clear from your questions that at least your son hasn't consulted an attorney. It would be far more sensible for your son to at least do that, and probably wiser to hire one.

Thanks for your reply. Not sure if we can afford an attorney, but it is good to know they could get divorced here. He could go for a consultation and see what an attorney would say or advise. We do have one more year on the affidavit of support for her though she is working and supporting herself. Not sure if that plays into anything. Also not sure when she will go back home. I assume once she leaves the country we will no longer be responsible.

[LdiJ]

Originally Posted by barton

Thanks for your reply. Not sure if we can afford an attorney, but it is good to know they could get divorced here. He could go for a consultation and see what an attorney would say or advise. We do have one more year on the affidavit of support for her though she is working and supporting herself. Not sure if that plays into anything. Also not sure when she will go back home. I assume once she leaves the country we will no longer be responsible.

If she has her green card...the permanent one, then the affidavit of support is no longer an issue.

Your son really does need to consult an attorney....and maybe you need to consult one too. I think that you are possibly mixing up issues.

[Bali Hai]

Originally Posted by LdiJ

If she has her green card...the permanent one, then the affidavit of support is no longer an issue.

Your son really does need to consult an attorney....and maybe you need to consult one too. I think that you are possibly mixing up issues.

I think YOU perhaps are mixed up on that one. Since when do we leave legal resident aliens to flounder for themselves once they get a green card??

I'm sure you would extend a US citizen woman every benefit that her husbands wallet could afford under the same circumstances.

Seems you are bias against the lovely women from abroad!!

[happybug]

I'm sorry, I don't post too often but if anyone remembers me, you will know my pet peeve. I have a HUGE problem with this statement-

" We do have one more year on the affidavit of support for her though she is working and supporting herself. "

How in ANY way are you a part of the " WE " in your Son's marriage? Last I checked there were only TWO people involved in a marriage. You seem to think you are an equal partner in your Son's marriage. ( I can't help but wonder if that has something to do with his wife wanting out. ) This is NOT a legal opinion at all but IMO your son a grown, married man. He or his wife should be asking the questions here.

I understand when an involved party has a 3rd person ask questions due to internet access etc. But your use of " We " implies that you think you are an involved party. Cut the apron strings already. Let your son be a man and deal with his marriage/divorce himself. There is NO " WE " in this situation except your son and his wife.

There is NOTHING less attractive in a man than one who has his Mommy running his life.

Off the soapbox now.

[LdiJ]

Originally Posted by happybug

I'm sorry, I don't post too often but if anyone remembers me, you will know my pet peeve. I have a HUGE problem with this statement-

" We do have one more year on the affidavit of support for her though she is working and supporting herself. "

How in ANY way are you a part of the " WE " in your Son's marriage? Last I checked there were only TWO people involved in a marriage. You seem to think you are an equal partner in your Son's marriage. ( I can't help but wonder if that has something to do with his wife wanting out. ) This is NOT a legal opinion at all but IMO your son a grown, married man. He or his wife should be asking the questions here.

I understand when an involved party has a 3rd person ask questions due to internet access etc. But your use of " We " implies that you think you are an involved party. Cut the apron strings already. Let your son be a man and deal with his marriage/divorce himself. There is NO " WE " in this situation except your son and his wife.

There is NOTHING less attractive in a man than one who has his Mommy running his life.

Off the soapbox now.

They very well could have been the ones who signed the immigration affidavit of support when she came to the US....which is what they are talking about.

[LdiJ]

Originally Posted by Bali Hai

I think YOU perhaps are mixed up on that one. Since when do we leave legal resident aliens to flounder for themselves once they get a green card??

I'm sure you would extend a US citizen woman every benefit that her husbands wallet could afford under the same circumstances.

Seems you are bias against the lovely women from abroad!!

Generally, once they are both eligible for employment and have chosen to be employed, an immigration affidavit of support is generally no longer in effect. It also sounds like they provided the affidavit rather than their son, which is fairly common.

Of course, that has nothing to do with any property settlements or alimony in a divorce situation. However, this appears to be a short term marriage, and there has been no discussion of assets.

[happybug]

Just curious. Why would the MIL be the wife's sponsor and not her husband? It just seems like way too much IL involvement to me. I would think it should be the husband sponsoring his bride and not his Mommy. If they did sponsor her, it just boggles my mind. We ARE talking about 2 ADULTS who consented to marry. Why would his parents even come into play in this situation?

[LdiJ]

Originally Posted by happybug

Just curious. Why would the MIL be the wife's sponsor and not her husband? It just seems like way too much IL involvement to me. I would think it should be the husband sponsoring his bride and not his Mommy. If they did sponsor her, it just boggles my mind. We ARE talking about 2 ADULTS who consented to marry. Why would his parents even come into play in this situation?

The reason why another adult might be a sponsor, or might be co-sponsor is because a certain level of income is required to sponsor someone, and the son may not have had the necessary level of income.

This is very very common in immigration situations. Its very very common for extended family members to co-sponsor a fiance or other relative for immigration purposes.

For example, if the two met in college, and were marrying while they were in college or right after graduation, there is virtually no chance that the husband would have had the necessary level of income to sponsor her on his own.

[Bali Hai]

Originally Posted by LdiJ

The reason why another adult might be a sponsor, or might be co-sponsor is because a certain level of income is required to sponsor someone, and the son may not have had the necessary level of income.

This is very very common in immigration situations. Its very very common for extended family members to co-sponsor a fiance or other relative for immigration purposes.

For example, if the two met in college, and were marrying while they were in college or right after graduation, there is virtually no chance that the husband would have had the necessary level of income to sponsor her on his own.

I think you are 100% correct and that is mommy's real concern. She basically signed her life away and is totally on the hook to support this woman who probably has now shown her true colors. Mommy is pissed about that and that's why she's running the show!