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  #1  
Old 04-10-2008, 08:50 PM
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Join Date: Jan 2008
Posts: 3

Divorce Advice


What is the name of your state? Nevada

I am requesting info for a friend. She just this week moved to Nevada from overseas to be with her husband who had threatened to divorce her and leave her in Asia unless she emigrated to the US with a daughter they both recently adopted. Both she and her daughter have green cards, so the ability to remain in the US is not an issue. She also decided she wants a divorce from him but thought she would be better protected by the divorce laws in the US rather than those of the Asian country where she resided. They had both originally decided to settle down in California but on his own, he made a decision to purchase a house in Las Vegas and settle down there. She does not want to live in Vegas and is extremely upset that after about 14 years of marriage, he would not share the decision-making with her. Now he is demanding that she obtain employment because his business is not doing well. If she initiates the divorce, here are her concerns:
1. Will she lose custody of the child?
2. Will she be forced to move out of the house?
3. Should she remain unemployed? If she does get a job, will her salary reduce any alimony/child support she gets (assuming she gains custody)?
4. Once the dust settles, she wants to move to California. Will the custody issue rear its ugly head again? He apparently doesn't care about either of them since he was willing to leave them both in Asia.

Since she is new to the US, she really needs some advice and guidance. Thanks.
  #2  
Old 04-10-2008, 10:47 PM
Senior Member
 
Join Date: May 2004
Posts: 41,298
Quote:
Originally Posted by Zook0205 View Post
What is the name of your state? Nevada

I am requesting info for a friend. She just this week moved to Nevada from overseas to be with her husband who had threatened to divorce her and leave her in Asia unless she emigrated to the US with a daughter they both recently adopted. Both she and her daughter have green cards, so the ability to remain in the US is not an issue. She also decided she wants a divorce from him but thought she would be better protected by the divorce laws in the US rather than those of the Asian country where she resided. They had both originally decided to settle down in California but on his own, he made a decision to purchase a house in Las Vegas and settle down there. She does not want to live in Vegas and is extremely upset that after about 14 years of marriage, he would not share the decision-making with her. Now he is demanding that she obtain employment because his business is not doing well. If she initiates the divorce, here are her concerns:
1. Will she lose custody of the child?
2. Will she be forced to move out of the house?
3. Should she remain unemployed? If she does get a job, will her salary reduce any alimony/child support she gets (assuming she gains custody)?
4. Once the dust settles, she wants to move to California. Will the custody issue rear its ugly head again? He apparently doesn't care about either of them since he was willing to leave them both in Asia.

Since she is new to the US, she really needs some advice and guidance. Thanks.
The bottom line is that she NEEDS an attorney....or really needs to take herself and the child back to Asia ASAP.
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  #3  
Old 04-11-2008, 06:06 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
1. Will she lose custody of the child?
Not necessarily.

Quote:
2. Will she be forced to move out of the house?
Maybe.


Quote:
3. Should she remain unemployed? If she does get a job, will her salary reduce any alimony/child support she gets (assuming she gains custody)?
IF she remains here she will NEED to work. End of story. She needs to be self sufficient.

Quote:
4. Once the dust settles, she wants to move to California. Will the custody issue rear its ugly head again? He apparently doesn't care about either of them since he was willing to leave them both in Asia.
You don't know what he feels or thinks. Custody could very well rear its ugly head. She needs to be in Nevada long enough to establish residency. Why did she move to Vegas and not California now?

Quote:
Since she is new to the US, she really needs some advice and guidance. Thanks
AS Ld stated she needs an attorney.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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