"Mental Cruelty"

[Bella786]

What is the name of your state (only U.S. law)? ILLINOIS

If I sign a divorce judgement that says the reason for the divorce was mental cruelty by me...will it come back to haunt me later on?

Can that document be used against me again in a court of law? Can my ex sue me with it later on in another case?

 

[Proserpina]

What is the name of your state (only U.S. law)? ILLINOIS

If I sign a divorce judgement that says the reason for the divorce was mental cruelty by me...will it come back to haunt me later on?

Can that document be used against me again in a court of law? Can my ex sue me with it later on in another case?

If you have ANY doubt about signing ANY document - do NOT sign it without first running it by an attorney!

 

[>Charlotte<]

It's almost impossible to predict the future when it comes to legal "what-ifs". Because Illinois is a "no fault" state, why are you even signing such a thing in the first place? You don't need a "reason" to get a divorce, and neither does your ex.

 

[Bella786]

Tired

My ex husband is an illegal from Pakistan. He was trying to use me to stay in the US and sponsor his entire clan from Pakistan. They have nothing in Pakistan and he has no future anywhere else in the world. US is the only country that will take pity on people like him.

We have been going back and forth in court for two years now and Im just getting tired. I want to move on with my life and do things. I cant because of this blood-sucker.

What happens is if I sign a divorce paper stating I was mentally cruel towards him, he gets to stay in the country - no questions asked. If I go to trial, he is accusing me of all sorts of lies and crimes that actually HE committed.

One more thing...I cannot afford lawyers anymore. I just cannot. There is no way.

I am considering going with his counter petition so that I can be free of his sick little game.

 

[Proserpina]

My ex husband is an illegal from Pakistan. He was trying to use me to stay in the US and sponsor his entire clan from Pakistan. They have nothing in Pakistan and he has no future anywhere else in the world. US is the only country that will take pity on people like him.

We have been going back and forth in court for two years now and Im just getting tired. I want to move on with my life and do things. I cant because of this blood-sucker.

What happens is if I sign a divorce paper stating I was mentally cruel towards him, he gets to stay in the country - no questions asked. If I go to trial, he is accusing me of all sorts of lies and crimes that actually HE committed.

One more thing...I cannot afford lawyers anymore. I just cannot. There is no way.

I am considering going with his counter petition so that I can be free of his sick little game.

Do NOT sign!

Because if he IS allowed to stay, you may also be on the hook to provide financial support....assuming you sponsored him via the I-864.

Please, get a consult with an attorney ASAP. It looks like he's willing to go the distance, and you honestly need to fight this.

 

[Bella786]

Maintenance

The judgement bars him from seeking any maintenance in the future.

Im worried if the papers say mental cruelty, what does that imply?

Depression? Hospitalization or medications that I will have to pay for?

 

[Proserpina]

The judgement bars him from seeking any maintenance in the future.

Im worried if the papers say mental cruelty, what does that imply?

Depression? Hospitalization or medications that I will have to pay for?

OK here's the problem.

Federal law in this case trumps state law; you have - if you signed that Affidavit of Support - made a promise to the US Government that you will if necessary support your ex up to 125% of the federal poverty level. A divorce judgment or agreement waiving support does NOT get you out of this obligation. He will STILL have standing to sue you separately, under the terms of the AOP.

I have been there and dealt with this - please, take my word for it and speak with an attorney!

 

[Bella786]

Aos

Yes, I did sign an Affidavit of Support. I remember that.

But I also withdrew my sponsorship application in mid-process because of my domestic situation...it was getting worse and worse at home because his work permit never came. He was becoming aggressive and we separated. I went to INS in downtown Chicago - a week after - and filed a formal complaint with them and withdrew my application.

He is currently looking for another US citizen to marry.

 

[Isis1]

i feel the need to pipe in.

what proserpina said is TRUE! do NOT sign the document under ANY circumstances. don't do it! don't do it!! JUST DON'T DO IT!!!

 

[Proserpina]

Yes, I did sign an Affidavit of Support. I remember that.

But I also withdrew my sponsorship application in mid-process because of my domestic situation...it was getting worse and worse at home because his work permit never came. He was becoming aggressive and we separated. I went to INS in downtown Chicago - a week after - and filed a formal complaint with them and withdrew my application.

He is currently looking for another US citizen to marry.

Please, speak with an attorney - I would be wanting to absolutely have a platinum-plated GUARANTEE that I had successfully withdrawn the application and that the AOS will NOT be reinstated if he successfully gains residency based upon your mental cruelty.

 

[Bella786]

I have withdrawn the application for immigration for him. I also called and confirmed with his attorney that he wont be looking for any sort of support after the divorce.

His attorney is actually an immigration lawyer. I asked him to draft a document signed and notarized that will say he will not be holding me to the AOS in the future. The divorce judgement already says I have no financial obligations towards him. But since (you're right) the AOS is a federal doc associated with the immigration case I need written proof that it wont come back to haunt me later. They are sending it by tomorrow.

 

[mistoffolees]

I have withdrawn the application for immigration for him. I also called and confirmed with his attorney that he wont be looking for any sort of support after the divorce.

His attorney is actually an immigration lawyer. I asked him to draft a document signed and notarized that will say he will not be holding me to the AOS in the future. The divorce judgement already says I have no financial obligations towards him. But since (you're right) the AOS is a federal doc associated with the immigration case I need written proof that it wont come back to haunt me later. They are sending it by tomorrow.

Do not EVER take legal advice from your stbx or his attorney. His attorney is NOT on your side. His attorney can tell you that the moon is made of green cheese and it has no validity.

Whether you've withdrawn the application or not, do what everyone has told you. Do NOT do this alone. Do NOT sign anything without having it reviewed thoroughly by an attorney familiar with divorce and immigration laws (likely two separate attorneys). Everyone always says that they can't afford an attorney - but can you afford to be supporting him and any family members you signed for for the rest of their lives?

 

[cyjeff]

Let me echo that.

Never accept legal advise from your opponent's attorney. There is no reason for him/her to tell you the truth... and you may actually give him/her ideas on how to screw you.

 

[candg918]

You need to look in the immigration forum for Lana's contact info.

 

[Bella786]

Last night

I met his lawyer...picked up a copy of the judgement.

I didnt sign it.

I want to know if this "mental cruelty" thing becomes a part of public record and will show up in background checks or become a problem if I need a job.

Im trying to find a free legal clinic.