Hi! I have recently escaped my abusive USC and I live in fear everyday, afraid that he would find me. I want to file for legal separation/divorce, but not sure if I should go to an attorney or just file it myself. I am afraid the costs of attorney and that they will make things more complicated, but my divorce case can be rather complicated like most other immigrants here. First my husband is abusive and that I am afraid of his reaction. Second I am not sure meditation is the way to go since he is abusive. How would being abused make a different in divorce. I spoke with several divorce lawyers and they all told me differently. One said it doesn't make a different because I am in a no-fault state. Another said my husband will not be able to ask me for alimony. And I read in a book that the court will grant the divorce right away rather than having the separation period. I also thought about nullity of marriage, but not sure if it would affect my elegibility to file become a USC in the future.

Does anyone here have similar experience? I think being that I am an abused immigrant, it makes the divorce a little different, but would it be so complicated that required an attorney since my husband and I don't have much to divide.

Any help would be appreciated. Thank you.

If you are thinking of using being abused as grounds for divorce. I hope you have the proof to prove it, otherwise it will be your word against his and I dont think if this has happen he will admit to the abuse. Why would you have to pay alimony to your husband? You stated there is not much community property. Each state have different policies on how they handle divorces. ?If you are afraid, have you filed for restraining order. If you have proof the marriage was enter into in good faith and it failed because of the abuse I think you should be fine where USCIS is concerned.

I hope someone here gives you the advice you seek. Stay safe and I hope you find a resolution to your problem soon.

Barb

You filed the I-751 jointly in July of last year?

The abuse waiver has been approved and now I am really worry that he will get us/me into financial debt. My USC is a big spender and if he is upset or angry, he go shop and we are talking about big ticket item. Women would just go buy new clothes or shoes, but men go buy a new car even though they are already in debt. I also want to be done with the marriage asap, so that I can move on with my life.

Your immigration status has little bearing on the divorce, if you have removed conditions from your residency. If you are abused, and I have no doubt you are, then proceed with the divorce pronto. You can do nothing more to ensure your future safety that putting distance between you and your spouse. Once the divorce is done, his ability to control you on an emotional level is diminished, and his spending sprees will have no impact on your financial health.

My question is does being abuse make a different in alimony? I read that it can affect the length and amount, but does it mean we will definitely have to take it in front of a judge?

Are there any pro-bono legal programs in your area for such situations? Any woman's shelter or support program for abused spouses would have this information. I would suggest not going it alone.

In many states, you have to be married a certain amount of time to get alimony. In Florida, you have to have been married for 10 years to even qualify to get it. You'd need to research for your state what the requirements are.

Colada, you are my prayer. In florida, if you have been married for 10 years, you qualify to get alimoney for the rest of your whole life, not only the period of some years.

This is not true!

Everything goes to judge (uncontested- to his assistant to sign off and check that all papers in order, I think). If he makes a lot, you can get some alimony for some time. If he is just on average salary and your are healthy/educated/able to work-you might get jsut pennies. Since he is a spender, make separation (in some states it has to be official/registered; in other-the day you move out with intent to separate and he knew about the intent). He can spend as much as he can, but if it is after you got separated-it is all his debt.

thank god you're here, mermaid.

NO FAULT DIVORCE IN MOST STATES. take your waiver , green card.and run to your friends in the hood

Thanks all for the reply.

I suddenly feel very lonely. I think it is something that most immigrants go through. Married for a short time and now separated and not knowing what the future holds. I started to think that some USC marry foreign nationals because they cannot find a spouse within the nation. I feel so sad that my USC blame everything on me and not give me money because I am the one that left him. I do hope that he would come to some sense in the future and not ruin other women's life.

Don't feel sad. Feel liberated. This is the beginning of a whole new life for you., and one in which you are in control of your own future and not at the whim of someone else..and while it might look bleak right now, it will get better.

Nobody deserves to be treated like that. Go find some happiness!

The forms for divorce are not difficult to fill out so if you're hurting financially you may just be able to do them yourself or, as mentioned above, find someone pro bono to at least help you. Every state is different. In MA, hardly anyone is granted alimony anymore... no matter how many years you are married.

Good luck to you!

If you need some one to reach out to, feel free to drop me a line.

Wonder what the USC's side of the story is here? guess we shall never know. Would be interesting though.

OPs I-751 was approved with waiver (abuse); so, i would guess there is been a proof of abuse. If that what you are wondering, Zqt3344? I would say that if somebody was abused, they deserve alimony. (otherwise, I dont really believe in alimony-some help to establish is needed but dependance on alimony is a not long term wise, I think). I am sure she can get some alimony. She just need to file divorce complaint or separation depends on state and start from there. Maybe husband would agree to mutual consent and whatever she is asking in alimony? He needs to be served. Now it is just guessing.