Want divorce from Non-U.S Citizen

[bloom5973]

What is the name of your state? Texas.

Hello, I'm hoping somebody can help, I have a 20 month old daughter with a Swiss Citizen who now lives in England. We were married in Portland after she was born. We all then moved to England together but I have recently moved to Texas with my daughter. We have been married less than a year and I want a divorce. I don't know how to do this because as I mentioned he lives in England and I live in Texas and the marriage took place in Portland. Where do I begin?? Can I file for divorce in Texas (Houston). How quickly can this go? Can I do this without a lawyer? I know this is a bit confusing with all the different places, but any reply will be helpful. Thanks.

[000]

You say you "recently" moved to Texas, but didn't say how long you have lived there. You must file in Texas only after you have met the length of residence requirement.

You SHOULD NOT attempt this without an attorney. Should you try it without an attorney, you possibly will NEVER obtain a divorce decree.

If he wants to cooperate with your attorney, it could go very quickly, say within a couple of months. If he doesn't want to cooperate it could last for a couple years or more. You should contact him and see if you are both on the same page.

[bloom5973]

Thanks for your reply, I have been here for almost 1 month, we just moved from England. My husband says "go ahead" with the divorce but something about him just isn't right, I've always wondered if he has had sneaky motives like wanting the U.S citizenship etc, he suggested we stay married so he can move here and be closer to our daughter but I don't know if that's the real reason even though he is a good dad. We are not talking right now so I will wait to contact him about the divorce, but he knows I will be filing.

[000]

Well, I Googled: Texas divorce residency and came up with this:

6 month residency period and a 60 day waiting period


So you can't file for another 5 months anyway. You could in the meantime hire a divorce attorney and get the paperwork and all the agreements drawn up and get them sent to him and get started on it all. It will probably take at least 5 months to send them back and forth for tweaking and signatures.

[LdiJ]

Originally Posted by bloom5973

Thanks for your reply, I have been here for almost 1 month, we just moved from England. My husband says "go ahead" with the divorce but something about him just isn't right, I've always wondered if he has had sneaky motives like wanting the U.S citizenship etc, he suggested we stay married so he can move here and be closer to our daughter but I don't know if that's the real reason even though he is a good dad. We are not talking right now so I will wait to contact him about the divorce, but he knows I will be filing.

I believe that you are going to have to live in TX for six months in order to establish residency....and that is where you will need to file for divorce. I agree with the other poster...you really WILL need an attorney.

You can't "stay married" so he can move here....that would be immigration fraud. You would be staying married for the sole purpose of establishing him as a legal resident of the US and that is a BIG no-no. Unfortunately though, that probably would be the best thing for your child. Its going to be nearly impossible for her to establish a real bond with her father if he lives in England....unless he can afford to visit frequently.

[bloom5973]

Thankyou both for your residency information, is it possible I file through a Portland lawyer since that's where we were married? I want to get this over with. Yes, I agree my daughter will have a hard time establishing a bond with her father but it's the last thing you think of when you meet a guy from another country and fall in love. Ughhh.. Reality!?!
Thanks Guys..

P.S He claims he should live here for HER benefit, but when I told him I was not willing to stay married to him for that he called me selfish, well I asked him recently if he was coming for her Bday in a few months and he said he will be going to South Africa to look for a house instead! But still claims she is his life!?$!?

[LdiJ]

Originally Posted by bloom5973

Thankyou both for your residency information, is it possible I file through a Portland lawyer since that's where we were married? I want to get this over with. Yes, I agree my daughter will have a hard time establishing a bond with her father but it's the last thing you think of when you meet a guy from another country and fall in love. Ughhh.. Reality!?!
Thanks Guys..

P.S He claims he should live here for HER benefit, but when I told him I was not willing to stay married to him for that he called me selfish, well I asked him recently if he was coming for her Bday in a few months and he said he will be going to South Africa to look for a house instead! But still claims she is his life!?$!?

No, you can't go through a Portland attorney. You are no longer a legal resident of OR. It doesn't matter that you were married there...you have to file for divorce where you are a legal resident. Obviously you DON'T want to file for divorce in England....so you are going to have to wait until you are a legal resident of Texas.

Ok...this guy is WIERD. He is a Swiss national...living in England, and plans to move to South Africa if you don't stay married?????...or even if you do? Never mind...your daughter wouldn't have him as a regular part of her life even if you did stay married...he is obviously a "rolling stone". Maybe that will eventually be of some benefit to your child. Maybe when she is older she will get to see the world when visiting her father. However at this point she needs stability.

[bloom5973]

Thanks LdiJ,
You addressed one of my concerns and that was WHERE can/should I file. I knew Texas was one option but wondered if I had to file where I was married. And by the way he isn't moving to S.A he is just looking for investment properties, and he says that is more urgent than his daughters Bday, Oh well, she is just fine and doesn't seem to have any trauma from him not being here, he warned me she would be scarred for life if I went back to the U.S. Sigh......
THANKS

[LdiJ]

Originally Posted by bloom5973

Thanks LdiJ,
You addressed one of my concerns and that was WHERE can/should I file. I knew Texas was one option but wondered if I had to file where I was married. And by the way he isn't moving to S.A he is just looking for investment properties, and he says that is more urgent than his daughters Bday, Oh well, she is just fine and doesn't seem to have any trauma from him not being here, he warned me she would be scarred for life if I went back to the U.S. Sigh......
THANKS

I see....sigh...well if looking for investment properties has priority, then I think that should give you some answers.

[Solo1234]

Im in a situation, where we've been separated for over a year. She is a non-US citizen. We bought a house together. I want a divorce (she agrees), we have no kids, we've only been married for about 3 yrs or less. She finds ways to delay whatever it is for the divorce to start. She wants to keep the house, I agreed as long as she buys me out. She wants the house appraised from the time I left not its actual value. Is that right? She has roomates that she rents rooms out to. She has a new boyfriend in the house. Mind you the house is still under both our names. I dont really care about him being there. I just want out, and want what's mine. We put 50/50 at closing, and put equally in upgrades, plus gifts from my family. She seems to always find ways to stall, and I honeslty know it is because she does not have her legal papers (green card). Do I call the INS to stop the process? What do I do? I dont want her deported or anything, but she's not making anything easy. Who do I call for the immigration issue? INS? Thanks in advance.

[000]

Originally Posted by Solo1234

Im in a situation, where we've been separated for over a year. She is a non-US citizen. We bought a house together. I want a divorce (she agrees), we have no kids, we've only been married for about 3 yrs or less. She finds ways to delay whatever it is for the divorce to start. She wants to keep the house, I agreed as long as she buys me out. She wants the house appraised from the time I left not its actual value. Is that right? She has roomates that she rents rooms out to. She has a new boyfriend in the house. Mind you the house is still under both our names. I dont really care about him being there. I just want out, and want what's mine. We put 50/50 at closing, and put equally in upgrades, plus gifts from my family. She seems to always find ways to stall, and I honeslty know it is because she does not have her legal papers (green card). Do I call the INS to stop the process? What do I do? I dont want her deported or anything, but she's not making anything easy. Who do I call for the immigration issue? INS? Thanks in advance.

If you want any kind of answers, you need to start a new thread.