What is the name of your state (only U.S. law)? California ...
I am a British citizen but have a green card through marriage. In Dec 2008 I had to give up work due to a chronic neck and back problem, to complicate matters further I had to travel back to the UK (in Feb 2009) as my mother was diagnosed with a terminal illness. The stress of both was considerable and I found my state of health such that I was unable to travel back and I am still in the UK.
In September 2009 I received a phone call from my wife telling me that she had cancelled all the credit cards, emptied the bank accounts and was holding my travel permit as 'hostage' in order to facilitate a speedy settlement agreement.
She also informed me that she was no longer living in the house that we jointly own - instead she was renting it out. As the phone numbers had been disconnected, I had no way of veryifying this.
Any communication was and is via email and is 'spotty' at best.
I have received several forms via email (and only email) and it appears that she filed a petition for disolution of marriage on 10/1/09. Although I did not receive these forms until late November.
Her proposed agreement basically means that I walk away with my possessions, which she will send me.
She wants me to:-
1. Agree that we separated on Sept 11th, 2009.
2. Quit claim the house to her.
3. No claim on her 401k/ retirement.
4. Relinquish any rights to fixtures, fittings, cars, etc.
I have no money and, therefore, probably no way of contesting this. As I do not have a permanent UK address (I lived in the US for 11 years), I cannot get a bank account or credit card here until I do. I cannot apply for state benefit until I can prove, actual copies needed, my income, taxes paid, etc for the time I have been out of the UK - all this information is in the states.
Currently my wife is refusing to tell me where she has placed my belongings, all I could get was that they were in storage - paid until the end of January.
So ....
1. What are my rights?
2. Has the legal process already begun?
3. Does quit claiming the house remove my debt obligations should she not pay the mortgage?
4. Are we already separated?
5. What happens if I just ignore it all? Will it go to court and will the judge decide?
6. Am I able to notify the court of my circumstances?
The documentation provided by her attorney contains quite a few inaccuracies - how can these be corrected? Especially with the money and debts she has listed - and yet she wants me to sign a disclosure waiver.
I appreciate any help
I am a British citizen but have a green card through marriage. In Dec 2008 I had to give up work due to a chronic neck and back problem, to complicate matters further I had to travel back to the UK (in Feb 2009) as my mother was diagnosed with a terminal illness. The stress of both was considerable and I found my state of health such that I was unable to travel back and I am still in the UK.
In September 2009 I received a phone call from my wife telling me that she had cancelled all the credit cards, emptied the bank accounts and was holding my travel permit as 'hostage' in order to facilitate a speedy settlement agreement.
She also informed me that she was no longer living in the house that we jointly own - instead she was renting it out. As the phone numbers had been disconnected, I had no way of veryifying this.
Any communication was and is via email and is 'spotty' at best.
I have received several forms via email (and only email) and it appears that she filed a petition for disolution of marriage on 10/1/09. Although I did not receive these forms until late November.
Her proposed agreement basically means that I walk away with my possessions, which she will send me.
She wants me to:-
1. Agree that we separated on Sept 11th, 2009.
2. Quit claim the house to her.
3. No claim on her 401k/ retirement.
4. Relinquish any rights to fixtures, fittings, cars, etc.
I have no money and, therefore, probably no way of contesting this. As I do not have a permanent UK address (I lived in the US for 11 years), I cannot get a bank account or credit card here until I do. I cannot apply for state benefit until I can prove, actual copies needed, my income, taxes paid, etc for the time I have been out of the UK - all this information is in the states.
Currently my wife is refusing to tell me where she has placed my belongings, all I could get was that they were in storage - paid until the end of January.
So ....
1. What are my rights?
2. Has the legal process already begun?
3. Does quit claiming the house remove my debt obligations should she not pay the mortgage?
4. Are we already separated?
5. What happens if I just ignore it all? Will it go to court and will the judge decide?
6. Am I able to notify the court of my circumstances?
The documentation provided by her attorney contains quite a few inaccuracies - how can these be corrected? Especially with the money and debts she has listed - and yet she wants me to sign a disclosure waiver.
I appreciate any help
