If only one spouse wants to give divorce?

[kaboose786]

Hello, My friend recently got married in New Mexico. Shes is a Canadian citizen. Its been three months and things are not working out between them. I would like to know legally what rights she has? She moved there 3 months ago. They filed for permanent residency about a month ago and it is still in process. So I would like to know that is the law different if only her husband wants to give divorce and not wife? If both agree to divorce would she get less rights? Also what kind of spousal support is she eligible for? No property is under her name and they have no kids. Can he legally ask her to leave the house? Can she legally ask to live separately and if she doesn't feel safe? Would husband has to pay for the expenses? She wants to come back to Canada legally but also finish this process of divorce so for how long she has to stay in US? Thanks

 

[CourtClerk]

Hello, My friend recently got married in New Mexico. Shes is a Canadian citizen. Its been three months and things are not working out between them. I would like to know legally what rights she has? She moved there 3 months ago. They filed for permanent residency about a month ago and it is still in process. So I would like to know that is the law different if only her husband wants to give divorce and not wife? If both agree to divorce would she get less rights? Also what kind of spousal support is she eligible for? No property is under her name and they have no kids. Can he legally ask her to leave the house? Can she legally ask to live separately and if she doesn't feel safe? Would husband has to pay for the expenses? She wants to come back to Canada legally but also finish this process of divorce so for how long she has to stay in US? Thanks

She's not going to get spousal support for a 90 day marriage. She's also not going to be entitled to any property that her husband has either. She can file for divorce, withdraw her application for residency and go on back to Canada. If he wants a divorce, he's going to get it. We don't force people to stay married here.

 

[kaboose786]

She's not going to get spousal support for a 90 day marriage. She's also not going to be entitled to any property that her husband has either. She can file for divorce, withdraw her application for residency and go on back to Canada. If he wants a divorce, he's going to get it. We don't force people to stay married here.

Thanks for your fast response
So what is the time period when wife is eligible for spousal support like how long does the marriage has to last?
Also in this case is it okay to go for uncontested divorce? as they are still living together.
Also any idea how long does this divorce process usually takes? as my friend wants to come back asap

 

[CourtClerk]

Thanks for your fast response
So what is the time period when wife is eligible for spousal support like how long does the marriage has to last?
Also in this case is it okay to go for uncontested divorce? as they are still living together.
Also any idea how long does this divorce process usually takes? as my friend wants to come back asap

She would have to be married years before spousal support comes into play. There is nothing that says that they can't sign a marital settlement agreement and let him file it. She doesn't have to stay in the states to get a divorce. Sign the papers and go.

 

[CTU]

Thanks for your fast response
So what is the time period when wife is eligible for spousal support like how long does the marriage has to last?
Also in this case is it okay to go for uncontested divorce? as they are still living together.
Also any idea how long does this divorce process usually takes? as my friend wants to come back asap

Well ... there may have been a way for her to get support out of the poor guy but since she's moving back to Canada it's moot anyway.

But just for future reference, let us not forget the I-864

 

[kaboose786]

Well ... there may have been a way for her to get support out of the poor guy but since she's moving back to Canada it's moot anyway.

But just for future reference, let us not forget the I-864

sorry i am confused. So you are saying if she stays she can get spousal support?
what is I-864 for?

 

[CTU]

sorry i am confused. So you are saying if she stays she can get spousal support?
what is I-864 for?

That's not what I said.

If she has questions, she needs to either hire an attorney or sign up herself. You really don't have any dog in this fight.

 

[not2cleverRed]

Well ... there may have been a way for her to get support out of the poor guy but since she's moving back to Canada it's moot anyway.

But just for future reference, let us not forget the I-864

And there's VAWA. depending on why she "doesn't feel safe"...