my chances?

[britdivorce 0]

Hi,

Im new here, never thought I would actually have to post, but here goes.

For very complicated reasons my marriage needs to end. I need to file to remove my conditions in May 09 but as we live in NY we cannot get a divorce in that time. Looking online I have found that if we go to Guam we can divorce in one week. Is there a catch to this? Is it that easy? Go to Guam, get divorce, and then file to remove conditions alone?

Also, realistically, what are my chances of removing my conditions alone? We have a very genuine marriage, joint accounts, health and life insurance, a joint mortgage on a house we bought, many trips, photos and letters from his family and mine, plue friends. Also, he is begging me not to do this, and would be 100% behind my filing, and would do anything so I dont have to leave the US, and would come to interviews etc, and tell them it was 100% genuine. We also have utiliy bills, rent contracts from old apartment, joint credit cards etc, I have a lot of proof of living together.

He is begging me to give him another chance, but I dont believe him, and cannot stay in the marriage now. Do you think I have a good shot to file alone? If it makes any difference, I am from the UK, make a good salary, and have been here in the US for many years, (it really feels like home now) as I had employment based visas that I gave up ( I guess stupidly) when I filed the marriage greencard.

I am in shock that he did this, the idea of being deported would be too much to take. I wish I could believe nothing happened, but I just cant.

Any advice, on the Guam idea, my chances, or anything else would be very much appreicated.

Thanks

[desert_fox 32]

You are doing this to circumvent the laws of you home state, and are not a valid resident of Guam. Most states that I'm aware of have laws of not recognizing foreign divorces if the divorce was obtained just to circumvent their laws.

You should run this by a NY family lawyer, as I know in Calif that they laugh at you if you bring a Nevada judgement into a Calif court to be enforced and you really never left California in the first place.

The USCIS is aware of this also.

[britdivorce 0]

Thanks for the advice. So what should I do here? I cannot divorce him in NY in time to file my removal of conditions.

Seems unfair that some states allow quick divorces and some do not. I am not trying to cheat any system, just to get divorced. I guess Ill call a lawyer tomorrow.

Thanks for the advice. So what should I do here? I cannot divorce him in NY in time to file my removal of conditions.

Seems unfair that some states allow quick divorces and some do not. I am not trying to cheat any system, just to get divorced. I guess Ill call a lawyer tomorrow.

[diadromous mermaid 36]

Why the jaunt to Guam if your spouse is so cooperative? Why not jointly file, and wait a little while to start the divorce. Who knows with the evidence you have of the bonafide nature of your marriage you might be approved quickly and without an interview.

Hi,

Im new here, never thought I would actually have to post, but here goes.

For very complicated reasons my marriage needs to end. I need to file to remove my conditions in May 09 but as we live in NY we cannot get a divorce in that time. Looking online I have found that if we go to Guam we can divorce in one week. Is there a catch to this? Is it that easy? Go to Guam, get divorce, and then file to remove conditions alone?

Also, realistically, what are my chances of removing my conditions alone? We have a very genuine marriage, joint accounts, health and life insurance, a joint mortgage on a house we bought, many trips, photos and letters from his family and mine, plue friends. Also, he is begging me not to do this, and would be 100% behind my filing, and would do anything so I dont have to leave the US, and would come to interviews etc, and tell them it was 100% genuine. We also have utiliy bills, rent contracts from old apartment, joint credit cards etc, I have a lot of proof of living together.

He is begging me to give him another chance, but I dont believe him, and cannot stay in the marriage now. Do you think I have a good shot to file alone? If it makes any difference, I am from the UK, make a good salary, and have been here in the US for many years, (it really feels like home now) as I had employment based visas that I gave up ( I guess stupidly) when I filed the marriage greencard.

I am in shock that he did this, the idea of being deported would be too much to take. I wish I could believe nothing happened, but I just cant.

Any advice, on the Guam idea, my chances, or anything else would be very much appreicated.

Thanks

[diadromous mermaid 36]

Guam divorces are recognised by all US states, as Guam is a US territory and its courts are US jurisdictional, however, this territory will terminate marriages treating property as community. Unless property has been declared sole or kept sole, it could cost one of you more than you bargained for.

You are doing this to circumvent the laws of you home state, and are not a valid resident of Guam. Most states that I'm aware of have laws of not recognizing foreign divorces if the divorce was obtained just to circumvent their laws.

You should run this by a NY family lawyer, as I know in Calif that they laugh at you if you bring a Nevada judgement into a Calif court to be enforced and you really never left California in the first place.

The USCIS is aware of this also.

Edited January 5, 2009 by diadromous mermaid

[britdivorce 0]

He wants to give me the house, and we have no children, so there would be nothing to divide. Does that make things easier?

He wants to wait and file together, and try to fix things. I just dont know if I can.

[desert_fox 32]

Guam divorces are recognised by all US states, as Guam is a US territory and its courts are US jurisdictional, however, this territory will terminate marriages treating property as community. Unless property has been declared sole or kept sole, it could cost one of you more than you bargained for.

Not true....If taken to avoid the laws of your home state..it is voidable, if you reestablish residency in your home state within X years. (California)

This Uniform Divorce Recognition has been adopted by several states....if not adopted, then each state prob has their own law regarding this matter.

................................................................................

.................................

CALIFORNIA CODES

FAMILY.CODE

SECTION 2090-2093

2090. This chapter may be cited as the Uniform Divorce Recognition

Act.

2091. A divorce obtained in another jurisdiction shall be of no

force or effect in this state if both parties to the marriage were

domiciled in this state at the time the proceeding for the divorce

was commenced.

2092. Proof that a person hereafter obtaining a divorce from the

bonds of matrimony in another jurisdiction was (a) domiciled in this

state within 12 months before the commencement of the proceeding

therefor, and resumed residence in this state within 18 months after

the date of the person's departure therefrom, or (B) at all times

after the person's departure from this state and until the person's

return maintained a place of residence within this state, shall be

prima facie evidence that the person was domiciled in this state when

the divorce proceeding was commenced.

2093. The application of this chapter is limited by the requirement

of the Constitution of the United States that full faith and credit

shall be given in each state to the public acts, records, and

judicial proceedings of every other state.

[britdivorce 0]

Thank you all for your answers, this is really helpful. Does anyone know what the laws in NY would be regarding this? I cant see another way out here. We were not married in NY if that makes any difference....

[Old Dominion 26]

Guam divorces are recognised by all US states, as Guam is a US territory and its courts are US jurisdictional, however, this territory will terminate marriages treating property as community. Unless property has been declared sole or kept sole, it could cost one of you more than you bargained for.

Not true....If taken to avoid the laws of your home state..it is voidable, if you reestablish residency in your home state within X years. (California)

This Uniform Divorce Recognition has been adopted by several states....if not adopted, then each state prob has their own law regarding this matter.

................................................................................

.................................

CALIFORNIA CODES

FAMILY.CODE

SECTION 2090-2093

2090. This chapter may be cited as the Uniform Divorce Recognition

Act.

2091. A divorce obtained in another jurisdiction shall be of no

force or effect in this state if both parties to the marriage were

domiciled in this state at the time the proceeding for the divorce

was commenced.

2092. Proof that a person hereafter obtaining a divorce from the

bonds of matrimony in another jurisdiction was (a) domiciled in this

state within 12 months before the commencement of the proceeding

therefor, and resumed residence in this state within 18 months after

the date of the person's departure therefrom, or (B) at all times

after the person's departure from this state and until the person's

return maintained a place of residence within this state, shall be

prima facie evidence that the person was domiciled in this state when

the divorce proceeding was commenced.

2093. The application of this chapter is limited by the requirement

of the Constitution of the United States that full faith and credit

shall be given in each state to the public acts, records, and

judicial proceedings of every other state.

Section 2093 has the effect in law of nullifying the previous two paragraphs.

[desert_fox 32]

[quote

2093. The application of this chapter is limited by the requirement

of the Constitution of the United States that full faith and credit

shall be given in each state to the public acts, records, and

judicial proceedings of every other state.

Section 2093 has the effect in law of nullifying the previous two paragraphs.

Not true....it means that Calif would recognize a Guam divorce if it doesnt conflict with the Calif statues...i.e. that one of the parties became a legal resident of Guam, and did not return to Calif a short time later and really did not abandon their residency in Calif.

This is why the OP needs to check with a NY family lawyer to see how the courts in NY have ruled on this issue, and to see if NY has adopted the uniform act.

I can tell you that no court is Guam has any jurisdiction on real property in NY and cannot make rulings on ownership, nor can they adress federal or state tax issues regarding a divorce where the parties in actuality live in NY. Might as well get a divorce in the Dominican Republic....its closer, but worthless.

[*julez* 124]

You don't have to wait one year for the divorce in NY if you file based on abuse or adultery. I used the abuse one in my divorce and was divorced in less than a year. It can be within a very short amount of time if your soon-to be-ex is willing to admit emotional or physical abuse, or adultery. There are a couple of other grounds for immediate divorce, but i don't recall what they are. Just do a quick ggogle search, it will come up.

Mine took longerr than anticipated because my ex said he would cooperate, but then didn't. Be careful, because a lot of times the other party will tell you one thing, the thing you want to hear, but do something completely different. Good luck.

[Old Dominion 26]

The validity of a divorce issued in any state (or US territory) is recognized by every other state.

Desert Fox refers to the property settlements, etc. True, a property settlement must be adjudicated in the state of residence. That is a separate issue, even though it is intertwined with the act of divorcing.

[Brad and Vika 129]

Definitely hire qualified legal counsel. Good luck to you!