In other words, if your wife was properly represented, the agreement might actually end up being fair to her, and you can't stand that.My wife has already understood and agreed to the terms of the agreement. And we’ll get it notarized and probably 2 witnesses if that’s required. Would the main reason for having (separate) attorneys to ensure it’s enforceable? The thing is if we had an attorney, particularly separate attorneys, I’m sure the/her attorney will try to skew the agreement to be more in her favor. So I guess it’s risk it not being enforceable or risk losing a substantial portion of my net worth to a huge undeserved payout.
By the way, the marriage based green card is conditional for the first 2 years. You really should be discussing your situation with a lawyer.Not planning divorce, she brings it up way more than me so I’m thinking she may try something and I need to prepare for it. If anyone is being bamboozled it’s likely me based on her history and as she’s getting way more out of this marriage than I am. Didn’t mention the green card and affidavit of support but there’s that too. I know that her former version would take the opportunity to rob me of all of the assets she can if she could, so just in case that devil child is still somewhere in there, I need to take precaution. Didn’t expect the trolling and off-topic banter to be prevalent here, somewhat undermines credibility of the authors’ opinions, but thanks to those who provided serious comments without straying. Needless to say I’ve taken the suggestion of seeking legal representation into serious consideration. If there are no additional (serious) suggestions besides that then thanks, I’ll move onto the next phase.
This is a good question for your attorney. Your wife should ask HER ATTORNEY the same thing!Regarding the pending affidavit of support in relation to the postnup, I assume that won’t matter when support has ended? e.g. if i864/AOS is withdrawn or she becomes a US citizen.
Regarding the pending affidavit of support in relation to the postnup, I assume that won’t matter when support has ended? e.g. if i864/AOS is withdrawn or she becomes a US citizen.
Which separate facts from that thread would make a difference here? More importantly I’d probably get less relevant replies as newcomers or those who haven’t read to the end will assume it’s still about a postnuptial agreement. Not sure why this is even a point of contention. Only this forum...But it has lots of facts about the situation. The senior members here will understand exactly what you are doing.
Let me rephrase what I thought was clearly the enquiry into a question: If she stays out of the country for a long time would my marital assets have the option of greater protection than through a no fault divorce?You didn't even ask a question...
Not the way you think.Which separate facts from that thread would make a difference here? More importantly I’d probably get less relevant replies as newcomers or those who haven’t read to the end will assume it’s still about a postnuptial agreement. Not sure why this is even a point of contention. Only this forum...
Let me rephrase what I thought was clearly the enquiry into a question: If she stays out of the country for a long time would my marital assets have the option of greater protection than through a no fault divorce?
Yeah abandonment was what I was thinking. Thanks for the input, appreciated.Not the way you think.
Going through a "fault" divorce in NY can be expensive. I assume you are thinking abandonment/constructive abandonment. Because of the time that has to elapse before you can file for that cause, who knows what mischief she can get into?
I think you would be better off filing for a no fault divorce. Or, at the very least, if you choose to go the fault route, have your lawyer offer to change it to no fault in exchange for her not contesting it.
You should not, under any circumstances, offer legal advice, suggestions, or anything of the sort, to your wife or her family.I am now using a law firm for my divorce. Firm emailed Summons and Complaint and Affidavit of Defendant to wife and I instructed her and her parents that they would have to get it notarized at their local consulate, but she did not want to do this, saying she wanted to go for a divorce by publication, which shouldn't be used since I know where she lives (and it would take way longer and be more costly). So now I have hired a process server company who have process sever contacts in India, but one of the forms they require is a certified copy of the Summons and Complaint. They report that an attorney certification would not be accepted (would result in an affidavit of non-service) and they require it to be certified at the clerk instead. But it appears that's not doable now as the NYC court/clerk is closed due to COVID. Am keeping an eye on things and am hoping a reopening will occur soon. Anyway the ideal plan at this stage is since my wife has been aversive to signing anything lately, when she is served by the process server she will not respond and then I can divorce her by default (I may remind her and her parents of this method after I can verify she has been served).