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Close Friend In Trouble

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kitkatq1997

Junior Member
What is the name of your state (only U.S. law)? California

I have a very close friend who is in trouble at the moment and I need to find a way to assist her in the very best way I can.

Background is that she met a man in Panama a couple years back, went through about a year of going through immigration to get him over here on a fiancé visa, married him when he got here, and about 6 to 9 months later he left the country to go back to Panama because he could not adjust to living here. She has had minimal contact with him since and I believe it has been almost 2 years since the marriage took place.

Sorry for the fuzzy details but I can explain why I can't really ask her for all the details at the moment. A couple of months ago she was diagnosed with an aggressive form of breast cancer and she has been going through non-stop chemotherapy. She is not doing well physically and mentally it will be a real challenge for her to research/follow through with this.

My concern is for her adult child having to fight with this man over her assets if she does pass away. I know that I will have to get real details from her soon (like date of marriage, etc) but for now I would like to know the following:

1) What little contact she has had with him has always resulted in him demanding money from her. Can she have the marriage annulled on basis of fraud?

2) What processes does she/I have to take to serve him in Panama (i.e. how difficult will it be to get notifications to him to end this marriage)?

3) Should I be looking into an annulment or a disillusionment of marriage?

4) Will she have to legally give him money at the end of the marriage (and how much)?

5) Does she have a better stance that he abandoned the marriage and left (and actually subsequently his visa was revoked too because he left within one year of the marriage)?

6) Does she have to have him sign papers and such?

7) Any pointers/suggestions/websites/people I should talk to first before I can go to her with an action plan?

Thank you so much for your time and efforts, I can't tell you how much it means to me for any advice given.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
She will not be able to have the marriage annulled from what you've described. If she did, she might have to worry about immigration fraud, anyway.

There is a good likelihood that she will have to give him his share of marital assets, so a good attorney is important. She needs to see one ASAP.
 

Farfalla

Member
She also needs a well written will to protect her son. Has she taken care of that?

Another point. He is most likely entitled to his portion of community property in a divorce... that which has be gained during the time of their marriage. But he is also entitled to his share of community debt... again any debt that has been made during the marriage. She can fight to keep all of the debt and to keep enough of his share of assets to pay for his share of the debt.
 
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kitkatq1997

Junior Member
Mistoffolees, thank you for the reply/advise. I didn’t think about the immigration fraud account so I think the best way to go is the dissolution.

Farfalla, thank you also for the reply. I am on her about getting the will done (which is not complete). Basically I was attempting to get this marriage matter handled quickly and painlessly but it doesn’t look like that is going to happen. I was looking into an ‘uncontested’ divorce and to just go down there, hand him some dough, and have him sign the papers.

Would either one of you recommend using the on-line sources for divorce (like divorcewriter, etc)?

Thanks again!
 

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