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married to foreign national / 1 infant

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nonnoboy

Junior Member
Boy here it goes.. I've been married one year, we have a infant. And I live in California. My wife and I want to divorce, but she wants to use a mediator and she wants me to pay for it. The real sad part? Well she has no income, no property and wants 100% custody. My first thoughts are, well she has the position of power if we go to mediation. She will have access to free legal advice, and free attorneys. I will be paying for the mediator, which means $250 per hour. I will also pay the filing fee's.

So here's the question, taking her to court will be an option, but since my wife is a foreign national with no income, it'll almost certainly mean I pay spousal support, on top of the division community property. Also since she is a greencard holder, I'll also be held responsible if she goes on government programs? Also she is entitled to what has acrued on my property.

So the real question is what is my best solution here? Hiring an attorney to represent me might not necessarily reduce my damage. It may increase it.

Agreeing to my ex-wife's terms would seem like suicide at this point.

The other option would be just to wait and have her serve me?

Any advice anyone? Preferrably someone who's divorcing at the moment?
Compare notes?
 


J@one

Junior Member
One suggestion

I can only offer you what little advice I have which seems like it is surmounting after my emotionally overbearing wife has taken me through the divorce process twice. I can say that if you have any desire to see your kid do not agree to 100% custody. Also mediation can be exceptionally cheaper by far as it is up to you and your (former) wife to come to an agreement. Court and attorneys are mighty expensive. I do not recommend that route unless your wife is vehemetly disagreeable. Also if you do wait for her to file the chance that she can actually pay for all the filing fees with no income or even hire a mediator is pretty slim. It gets expensive. Also I recommend asking a good lawyer in your area for a recommendation for a mediator that is not biased. (towards women) Another tidbit is I have been told by many is that any decent mediator will not give 100% custody to the woman unless there is a long history of domestice violence in certain cases. Another option is to file with the court, and unfortunately since she doesnt work she might have a significanlty hard time responding to the filing leaving her with a possible default at judgment time or even no attorney to handle her case.
 

rmet4nzkx

Senior Member
Contact your superior court family law facilitator's office, you have many misconceptions about the process, too much to educate you here.
 

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