Don't know what to do?

[james_thomas]

What is the name of your state?
TX

I am a foreigner and working in this country on work permit. I am married for 5 years now and have 2 kids. Our marriage is not working at all on all the fronts.
Finally I have decided not to carry this relationship further.
My wife is a home maker and I am the only who earns the money here and in my home country.
I have just purchased a house and SUV recently and mortgage is on my name. There is not much home equity built as it is recent purchase and same for the vehicle.
I have one more property in my home country that is on both of our name. Its alsmost fully paid.

I wanted to know how to file for divorce here and can I ask for the custody of my son.

Please suggest what are my options?

[Ohiogal]

You need an attorney. Doesn't matter necessarily whose name the property is in -- what matters is if it is marital property. Just because things are solely in your name doesn't mean you automatically get it.
You can ask for custody of your son but be prepared to show why it is in the best interest of the child for you to be primary custodian (and income is NOT a reason).

[nextwife]

Originally Posted by Ohiogal

You need an attorney. Doesn't matter necessarily whose name the property is in -- what matters is if it is marital property. Just because things are solely in your name doesn't mean you automatically get it.
You can ask for custody of your son but be prepared to show why it is in the best interest of the child for you to be primary custodian (and income is NOT a reason).

You have TWO kids.

What, you don't want the other child because it's a girl?

[Ohiogal]

Originally Posted by nextwife

You have TWO kids.

What, you don't want the other child because it's a girl?

Good catch. Missed that. Dang. I hate when that happens.