Help - ADVICE Please

[RichiJenny 14]

Hi there,

Its been a while since Ive been on these boards and Im desperate for some advice.

My fiancee and I married last week, we are now recognising it as a mistake, for both of us. I dont want to go into the details, there's nothing 'juicy' or of interest to anyone, BUT Id just like to know what we both have to do.

I know it will affect my status, so I will have to return to the UK. Can I do that immediately?

Will it be annulment or divorce, Im so confused, my heads a little battered trying to get round all this right now, and Id rather do this the most pain free way.

We are aware of options on conselling etc, but Im looking at a worst case scenario right now, so guidance for me (someone who's barely got 2 cents to rub together) would be hugely appreciated. Do we need lawyers if its wanted by both parties?

Thanks a lot for any advice offered.

[diadromous mermaid 36]

Hi there,

Its been a while since Ive been on these boards and Im desperate for some advice.

My fiancee and I married last week, we are now recognising it as a mistake, for both of us. I dont want to go into the details, there's nothing 'juicy' or of interest to anyone, BUT Id just like to know what we both have to do.

I know it will affect my status, so I will have to return to the UK. Can I do that immediately?

Will it be annulment or divorce, Im so confused, my heads a little battered trying to get round all this right now, and Id rather do this the most pain free way.

We are aware of options on conselling etc, but Im looking at a worst case scenario right now, so guidance for me (someone who's barely got 2 cents to rub together) would be hugely appreciated. Do we need lawyers if its wanted by both parties?

Thanks a lot for any advice offered.

Sorry to hear things are not as compatible as you had hoped. Lawyers are not necessary if you are in agreement on dissolution and the manner in which everything would be divided (if there is much to divvy up). There are forms available, even kits, that give the basic language of your mutual consent. I doubt that annulment would be appropriate, just a uncontested divorce. However, the state you live in may have some requirement prior to divorcing. You should call your county offices to enquire.

[germangel 0]

You might be able to get an annulment as it is still rather fresh but going through K1 process might rule that out. I do not know.

You should definitely find out the rules and regulations for your state.

If a court divorce is necessary, you will have to remain in the US until that is done.

I hope it will all work out for you

[RichiJenny 14]

Thank you so much. I'll give the local county office a call and see what they say.

Im actually staying with my wife's family and her right now, I would rather go back and deal with it from there. We have no assets to speak of, it'd be all agreed, do I have to stay in the US do you think? It would be pretty difficult setting up the divorce and living here!

[Elizabethnhenry 0]

Thank you so much. I'll give the local county office a call and see what they say.

Im actually staying with my wife's family and her right now, I would rather go back and deal with it from there. We have no assets to speak of, it'd be all agreed, do I have to stay in the US do you think? It would be pretty difficult setting up the divorce and living here!

I am tempted to tell you not to give up, but I wish you the best in making the wisest decision for both of you.

[arwensun1965 1]

Hi Richi

I'm so sorry it is not working out like you had hoped. Try google for your state and divorce, there are some web sites that give invaluable advice on what you can do. Personally I would ring the local court and see what advice they can give you at this stage.

Janice

[Kajikit 65]

After going through all the BS and paperwork that's necessary to actually GET married legally, are you really sure that you want to call it quits after one week? If so, I'd think that you could probably get the marriage anulled because you only just tied the knot.

[pj1959us 0]

You shouldn't need to stay in the US awaiting the final divorce hearing as long as everything is in agreement between you. Before you leave, you will need to sign whatever papers are drawn up, including acknowledgment of "papers served" reflecting you are aware of the divorce, etc....after that, you may return to your country. At the hearing, as long as all the paperwork is in order, then the divorce will be granted according to the terms you have both signed.

Sorry things didn't work out and best of luck to you.

[RichiJenny 14]

Thanks for the advice. Thanks Janice, its been a tough road, not really what we'd hoped. I MAY be in a position soon where I may have to leave before the actual proceedings go thru/begin. ie tomorrow morning. Its tough, very tough, and so we'll be sorting things out tonight. If things err on the negative side, I shall have to go back to the UK, as Ive no-where else to go in the US.. However long the timescale be it tomorrow, this week or next, we're looking to work for a solution.

If I were put in a position (lack of funds) where I had to leave - would I be able to conduct my side of thiungs from my home country? Of course, Im hoping with all my heart that it doesnt come to that, but we need all bases covered.

[Yodrak 7]

richi,

You and your wife should have a consultation with a family lawyer in your jurisdiction, either together or separately with different lawyers. Recognize that what a lawyer will tell you individually, what they will tell your wife individually, and what they will tell the two of you together will be three somewhat different things. You say that you and your wife want this to be amicable, so you might want to start off making a joint visit and hopefully things can remain amicable.

A county office - I presume you mean the county court clerk's office or similar - will not give you legal advice.

Yodrak

Thank you so much. I'll give the local county office a call and see what they say.

Im actually staying with my wife's family and her right now, I would rather go back and deal with it from there. We have no assets to speak of, it'd be all agreed, do I have to stay in the US do you think? It would be pretty difficult setting up the divorce and living here!

[Peter Miami 1]

richi,

You and your wife should have a consultation with a family lawyer in your jurisdiction, either together or separately with different lawyers. Recognize that what a lawyer will tell you individually, what they will tell your wife individually, and what they will tell the two of you together will be three somewhat different things. You say that you and your wife want this to be amicable, so you might want to start off making a joint visit and hopefully things can remain amicable.

A county office - I presume you mean the county court clerk's office or similar - will not give you legal advice.

Yodrak

Thank you so much. I'll give the local county office a call and see what they say.

Im actually staying with my wife's family and her right now, I would rather go back and deal with it from there. We have no assets to speak of, it'd be all agreed, do I have to stay in the US do you think? It would be pretty difficult setting up the divorce and living here!

I agrree with Yodrak.

Best of luck,

Peter Miami

[RichiJenny 14]

Yodrak, not being familiar with divorce, annullment or seperation of any kind, its all new to me. HOWEVER, the seperation if it were to happen, would be amicable, and with minimum assets at best, surely there would be no need for a lawyer?

[k1_visa 0]

Richi

I am in a similar situation: Got married 8 months ago and Adjustment of status Pending.

The Difference is that I am now back to my home country:

Take a look:

http://www.visajourney.com/forums/index.ph...94entry247094

[Kaalyx 0]

Hi Richi, I just wanted to say I hope things work out for the best -- whatever that entails for you and your wife. I remember going through the visa process with you around the same time. I remember your positivity and wanted to send some more your way as you go through this.

All best, K.

Edited June 12, 2006 by Kaalyx

[diadromous mermaid 36]

richi,

You and your wife should have a consultation with a family lawyer in your jurisdiction, either together or separately with different lawyers. Recognize that what a lawyer will tell you individually, what they will tell your wife individually, and what they will tell the two of you together will be three somewhat different things. You say that you and your wife want this to be amicable, so you might want to start off making a joint visit and hopefully things can remain amicable.

A county office - I presume you mean the county court clerk's office or similar - will not give you legal advice.

Yodrak

Thank you so much. I'll give the local county office a call and see what they say.

Im actually staying with my wife's family and her right now, I would rather go back and deal with it from there. We have no assets to speak of, it'd be all agreed, do I have to stay in the US do you think? It would be pretty difficult setting up the divorce and living here!

My recommendation for richi to call the county clerk's office was only to enquire of any requirements there may be in place in his area prior to divorcing, not for legal advice, Kemo Sabe. But glad to see you are still on your toes