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Divorce law for foreigners - need advice

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D

Dov

Guest
I hope someone will advice me.
I am a polish citizen now, married, with children, and wish to go to USA (Arizona), where lives my mother, who is a US citizen. I plan to apply first for work visa, and then a green card. I don't go with my family, I want to divorce my wife (I don't live with her for almost a year and I do pay for children)

My question – is it possible to make a divorce in US as I am not a US citizen? I do not want to start the process in Poland, till I do not know the American law, if and how I can continue it in States.
If I can make a divorce in States – what are the terms, do I need a lawyer? How much would I pay for one? Is it possible the American judge will not give me one? how long can it take?

thank you,
Dov
 


M

MaggieK

Guest
You must be a resident of the State of Arizona for at least 90 days prior to filing for a divorce. You do not say if you have minor children of the marriage or if your spouse is agreeable to the divorce. These issues would have bearing on the procedure.
Good luck.
 
B

Boxcarbill

Guest
MaggieK said:
You do not say if you have minor children of the marriage or if your spouse is agreeable to the divorce.
"I am a polish citizen now, married, with children, . . . (I don't live with her for almost a year and I do pay for children)
 
M

MaggieK

Guest
Thank you for quoting on behalf of Dov, Box. However, if you were employed in the legal field you would know not to accept general statements as fact. Just because someone says they have "children" it does not mean that the children are 1) minor or 2) born of the marriage in which the party is seeking the dissolution.(Divorce) Also, many couples live apart for years, but again, that does not necessarily mean the respondent is in "agreement" to finalize the dissolution amicably. Again, thank you for attempting to be helpful. I ask the questions of the poster in order to try to be as complete and correct in my answer as possible.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Yeah, goddamnit BCB. Don't you know that you have to be accurate and right. I'm a Saint, and if I'm not correct, I just blame it on someone else.

So, next time, think ahead, and make sure you've answered with all the various permutations and possibilities!

Geez, Louise, BCB.

IAAL
 
B

Boxcarbill

Guest
MaggieK said:
Thank you for quoting on behalf of Dov, Box. However, if you were employed in the legal field you would know not to accept general statements as fact. Just because someone says they have "children" it does not mean that the children are 1) minor or 2) born of the marriage in which the party is seeking the dissolution.(Divorce) Also, many couples live apart for years, but again, that does not necessarily mean the respondent is in "agreement" to finalize the dissolution amicably. Again, thank you for attempting to be helpful. I ask the questions of the poster in order to try to be as complete and correct in my answer as possible.
Excuses. Excuses for not reading carefully. We can presume that when someone says that they are married with children and that they are supporting their children that the children are children and not adults and that the children are of the marriage until the presumption is rebutted.

Oh, I live in a boxcar. I'm unemployed. :p
 
M

MaggieK

Guest
To presume and to "assume" gain the same results. The law is based on facts, not presumptions or assumptions. The original poster did not give the impression that he was looking for cute or clever responses to his inquiry. It is unfortunate that those seeking assistance are met with many responses from those who have nothing to offer and obviously nothing else to do.
 
B

Boxcarbill

Guest
MaggieK said:
To presume and to "assume" gain the same results. The law is based on facts, not presumptions or assumptions. The original poster did not give the impression that he was looking for cute or clever responses to his inquiry. It is unfortunate that those seeking assistance are met with many responses from those who have nothing to offer and obviously nothing else to do.
Actually there are a whole lot of presumptions under the law, e.g. that a witness is telling the truth; that the husband is the father of a child born during the marriage; that a letter properly addressed, stamped and mailed was received; etc.. We have presumptions under the law because the court has to begin somewhere. Presumptions allow for a starting place. Some presumptions are rebuttable; others are not. But, curious and silly, why you who states "if you were employed in the legal field you would know not to accept general statements as fact," proceeds to answer a question regarding AZ divorce based upon the poster statement that he is " a polish citizen now, married, with children, and wish to go to USA (Arizona), where lives my mother, who is a US citizen." You take his word for being married and that he is coming to AZ but doubt that he has children. Silly girl, who isn't a lawyer but who plays one on the Internet. :D
 
D

Dov

Guest
hi
Thanks for responses
to clear my situation:
I have with my wife four children, all minor, polish court decided I have to pay for that, and I am doing it. We, with my wife made a few years ago some kind of common property separation, so I think there would be no problem with these things.
 

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