Seek a legal advisor who can save my life to answer my questions

What is the name of your state? Colorado

Dear Free Advice Forum, I am desperately looking a legal advisor who can save my life to answer my questions, right now.

Unfortunately, my husband and his parents think that my husband has a right to uses violence toward me, cheat me, and send me back to Japan whatever the reason.

I am a Japanese woman with NO child, who lives in Colorado. I have no own income now, since I am a just college students here. After my graduation, Fall 2003, I am going to get a job in CO. My husband is retired Navy man, who works at US Postal Office, right now. And we have married on March 30, 1999 in this Colorado State.

Q1. Will YOU be able to determine whether I would be entitled to any alimony or maintenance from my husband, or NOT, because my husband has been paying for me to go to school.

Q2 I know that the marital assets belong to the marriage and should be divided equitably or fairly. However, if all our marriage property: Real Estate (Residence), Vehicles, Bank Accounts, Brokerage Accounts, Retirement Pensions, and Debts are belong to my husband, my husband name, can I entitle to be dividend our marriage property?

Q3. I have already got out of the violent relationship that I was in, so I do NOT need to get a restraining order against him. Because I am NOT fearful for my safety. However, is it possible to get compensation money from my husband for his violence toward me, when I divorce to him? (For example, pursuant to 10 U.S. Code § 1408(h), a spouse may receive a portion of the service member's retired pay if the service member was (1) eligible for retirement, and (2) discharged at a court-martial or administratively for spousal abuse, including domestic violence or sexual assault. ) My husband sometimes uses violence when he argue or fight with me since June 1999 here. Once my neighbors called police, and then police officers tried to arrest him. Moreover, recently, I have discovered that he has a lover in his real life.

Q4. Can I get my spouse to pay my lawyer frees?

Q5. Do I still need a lawyer? What do you think…?

I know that I can’t get more money even though my spouse is at fault. Because Colorado is a complete "no fault" state. I know that I automatically can’t get half of the assets. I know that I will be able to get a share of my spouse's pension so far...

Any idea, advice and information would be greatly appreciated! I am desperately looking a legal advisor who can save my life to answer my questions. Please help me, Please save my life!
Thank you in advance for your time and assistance.

Sincerely,

Q1. Will YOU be able to determine whether I would be entitled to any alimony or maintenance from my husband, or NOT, because my husband has been paying for me to go to school.

A1. How long have you been married? Alimony is no longer as easy to get as it used to be, but there are situations where it is awarded.

Q2 I know that the marital assets belong to the marriage and should be divided equitably or fairly. However, if all our marriage property: Real Estate (Residence), Vehicles, Bank Accounts, Brokerage Accounts, Retirement Pensions, and Debts are belong to my husband, my husband name, can I entitle to be dividend our marriage property?

A2. Yes, you should be able to get a portion of the marital assets.

Q3. I have already got out of the violent relationship that I was in, so I do NOT need to get a restraining order against him. Because I am NOT fearful for my safety. However, is it possible to get compensation money from my husband for his violence toward me, when I divorce to him? (For example, pursuant to 10 U.S. Code § 1408(h), a spouse may receive a portion of the service member's retired pay if the service member was (1) eligible for retirement, and (2) discharged at a court-martial or administratively for spousal abuse, including domestic violence or sexual assault. ) My husband sometimes uses violence when he argue or fight with me since June 1999 here. Once my neighbors called police, and then police officers tried to arrest him. Moreover, recently, I have discovered that he has a lover in his real life.

A3. I would think that unless he was discharged for DV, that one wouldn't help you at all. I don't know about the rest.

Q4. Can I get my spouse to pay my lawyer frees?

A4. You can always ask, but I wouldn't count on it.

Q5. Do I still need a lawyer? What do you think…?

A5. Yes, I think you need a lawyer.

Another question is: what is your current immigration status in the US? There *are* provisions based on domestic violence, but you'd have to be able to prove it. It can be a tricky issue, divorcing when you have no legal status apart from your marriage - another reason why I think you really do NEED a lawyer.

Good luck.

Dear momma_tiger, I appreciated it more than I can say…

>A1. How long have you been married? Alimony is no longer as >easy to get as it used to be, but there are situations where it >is awarded.

A1, Almost 4 years. We have married on March 30, 1999 in this Colorado State. And I am living here since March, 1999, Sir, or Madam, I am a Japanese woman who didn’t be born and grow up here. It is very HARD for me to find a job IMMIEDIATELY to support myself through appropriate employment in America…

I quoted from Colorado Divorce Law, “Alimony (or "spousal maintenance") may be awarded in order to give the receiving party an opportunity to look for a good job, update work skills, attend school. The Colorado divorce statute provides that the court may grant an award for alimony only if it finds that the spouse seeking alimony lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. The trend in Colorado has been towards a "rehabilitative" award that ends after a few years.”

Q1 By the way, once my husband offered me that he would pay and send $200 or $300 / month to Japan as maintenance. However my friends and mother said to me, “Don’t trust him, he and his father and their lawyer will cheat you again!”.

Is it possible that my husband sent me alimony to Japan that ends after a few years if I leave from America and go back to Japan after my divorce? Of course, we have to make a certain document in front of the attorney in the court room if it is awarded to me...

>A2. Yes, you should be able to get a portion of the marital >assets.

Could YOU please confirm with me that I CAN entitle to be dividend our marriage property, even though all our marriage properties are belong to my husband, my husband name?

>A3. I would think that unless he was discharged for DV, that >one wouldn't help you at all. I don't know about the rest.

What is DV?
I quoted from Colorado Military Divorce Law, “pursuant to 10 U.S. Code § 1408(h), a spouse may receive a portion of the service member's retired pay if the service member was (1) eligible for retirement, and (2) discharged at a court-martial or administratively for spousal abuse, including domestic violence or sexual assault”.
I am trying to contact one of Colorado Military Divorce Layers, nearby, right now…

> A5. Yes, I think you need a lawyer.

Dear momma_tiger, to tell the truth, whenever the odds are in my favor, I would like to hire the attorney and to divorce!

My friend (My Counselor) strongly recommends me not to give up, and to ask the attorney, and she has intention of hiring the attorney for me in Colorado. Because she deeply believes that I can take maintenance or compensation money from my husband, who has ENOUGH money and money fund, stock, pension and retired money in his banks and a house and so on…

Dear momma_tiger, Please understand me that I do NOT want to confront my husband, yet! All I want is stop my American husband using violence toward me AGAIN, and stop father in-law and him threatening me to divorce and send me back to Japan.
Especially, my American father in-law treats me like a luggage and he believes strongly that it is VERY EASY to send me back to Japan with nothing!
He drove my husband crazy and threatened me to divorce and send me back to Japan, last Sunday.

>Another question is: what is your current immigration status in >the US? There *are* provisions based on domestic violence, but >you'd have to be able to prove it. It can be a tricky issue, >divorcing when you have no legal status apart from your >marriage - another reason why I think >you really do NEED a >lawyer.

I already have got Green Card, however, I don’t have an American Citizenship, yet. So my nationality is Japanese.

Dear monnma_tiger and others in this forum, any idea, advice and information would be greatly appreciated! Please help me, Please save my life!

Thank you in advance for your time and assistance.

Respectfully Yours,

I wish I could give you the answers you're looking for, but your situation is complicated, and I'm not an attorney. Your best bet would be to talk to a local attorney and find out exactly what you can and can't do - it would be money well spent. Having a green card is to your advantage, but I really would consult with a lawyer.

Good luck - and I'm sorry you got stuck with such an idiot for a husband.

I really need to meet professionals from Colorado State…

I change my mind; perhaps I need not the attorney but mediator in my near future.

Dear Professional, can somebody else tell me,

If all our marriage property: Real Estate (Residence), Vehicles, Bank Accounts, Brokerage Accounts, Retirement Pensions, and Debts are belong to my husband, my husband name, and also my husband pays for maintenance of house, vehicles, etc, can I still entitle to be dividend our marriage property?

My hubby told me that “Tell them, I am paying for everything, home, vehicles, etc, I am paying for the pile of bills…”

If so, how much can I get, 10%, 20%, 30%, of Real Estate, Vehicles, Bank Accounts, Brokerage Account, Retirement, Pensions, and Debts?

My counselor, my female friend in Tokyo, Japan still can’t understand about Family Law, Divorce Law in America.
In Japan, it is very usual; a wife can take half of husband’s, so she is very aggressive to recommend me to hire the attorney.

I know… here is not Japan, here is Colorado, USA.

Professionals in this forum, any idea, advice and information would be greatly appreciated! Please tell me the fact, my husband, American in-laws, counselor and I still believe the myth…, I know.

Thank you in advance for your time and assistance.

you NEED a lawyer.

Hi momma_tiger, I know YOU are NOT a lawyer.
Are YOU a student of law or another professional?
And YOU are in TN.

In Colorado, it is very hard to find a friendly lawyer.
I am still waiting for their replies.

I am a student who major in Computer Network at my college.
I worked as an assistant editor in a publishing company in Tokyo, Japan.

I understand very well Technical in English. But it is very hard to understand Legal in English. I feel that I have got 10 yrs older than my real age, nowadays…

I have many Free Technical Advisors and one counselor, I have to look for somebody who can be my Free Legal Advisor….

No, I'm not a lawyer - just someone who's gone around the divorce game for too long. And I'm in NJ. LOL and an Engineer/Writer.

Thing is, since you're not familiar with the law, and your command of "legal" English is limited - you really need someone local who knows the law and is licensed to practice it. You don't need a "friendly" lawyer - you need a lawyer who will work for you. I don't know how you're contacting them, but the best bet is to call and make an appointment. It is well worth what you may have to pay them.

Hmmm, very interesting.

Are YOU a technical writer?
Are YOU a computer system engineer, or mechanical engineer?
I have a friend who is a computer system engineer who divorced.
However he didn’t help me, he says always, “It is VERY easy divorce, why don’t YOU wanna do it!?” Ha, ha, ha, he did even he has a kid.

My counselor, my former employee in a publishing company, Tokyo, also is a writer.

Would YOU give us a technical advise, too?

I have own free technical advise homepage, and it works very well. Former Police Offiser, from TN, is our best Technical Adviser. But he can't help me about legal problems.

I have many Free Technical Advisers, I told YOU.
If YOU don’t mind, please write at [email protected]

I will show you my homepage where we discuss about computers and Japan, and so on.

Sincerely,
Meg

Okay, I don't think you quite get this website. Most of the people on here can help you out but no one can really give you certain answers about Colorado law unless they are an attorney or have studied it at great lenghts...most of us just post from experience.

If you do want to find a lawyer go to www.martindale.com and you can search for lawyers there!

Good luck!!

Thank YOU for your info. I misunderstood that here was like Excite or AOL Computer Community, where sometimes we could meet Professionals, Semi-Professionals, and Non-Professionals.

Merry Christmas to all! Have a wonderful holiday.