Hi everyone, I'm writing on behalf of a friend who needs some help and since this forum always has given me good advice, I'd figure I'll ask here. Basically she came here on a K-1 visa 5 months ago, has gotten married, but she feels her marriage is falling apart and wants a divorce. Her husband doesn't treat her well at all, he is very abusive towards her. There are other problems as well, but I'd rather respect her privacy. I don't really know what the laws are here, I haven't gotten married yet to my fiance so I'm not sure how the divorce process works. She never signed a pre-nuptial agreement, so she wants to know that if she gets a divorce, does her husband have an obligation to support her financially afterwards? If so, is there a percentage? Does he have to share his assets with her? Or does this only occur when there's a pre-nuptial agreement? Her husband is the U.S. Citizen and they married in NYC. She hasnt gotten her green card yet. Any advice would be appreciated. Also, how much does a divorce cost nowadays?

Without a green card tells me nothing about the stage she is at in her immigration case. Have they been interviewed for adjustment of status? Have they even filed the application yet? We need more specifics. If nothing has been filed to adjust status and the marriage is already in a rocky state, and she has intentions to remain in the USA, she should prepapre herself for some disappointment.

They married in NYC and are currently residing in NYC? Because one's residence dictates the specific laws that pertain in a divorce. After only a 5 month marriage, she won't be able to file for divorce yet, it would appear and if she's so concerned about sustenance, is there a reason she would wish to remain in a country where this seems to be so critical?. Time to see if things improve in the marriage, eh? And as far as spousal support goes, usually, with short-term marriages the courts would tend to measure "fault" before considering an award of support. A good place to start to assemble some facts on how divorce is handled in New York state would be to research the laws that are in place in NYC as it pertains to terminating a marriage.

Try this as a general guide. http://www.divorcesource.com/info/divorcelaws/newyork.shtml