Separation

[Izoom 0]

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

[Goldfee111 3]

what exactly is ur question???

[Penguin_ie 5,994]

Sorry to hear things are not working out. Sounds like a pretty straight forward legal case, you may not even need a lawyer for the separation and possible divorce; there are (cheaper) mediation services that can help, but that is way beyond the scope of this website. Did you post here because you have questions about your immigration status?

[3600rs 24]

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

What I see there are 2 kinds of problems: immigration and separation. Deal with them one at a time, separation first, immigration later.

The divorce would be quick and mostly depend on your state laws as there is nothing shared. Keeping that in mind remember you don't have any shared documents when dealing with the next problem: removal of conditions with a waiver. The worst case scenario your file maybe pulled out for an RFE and/or an interview because of weak documentary evidence.

And I agree to penguin.

[rin and john 71]

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

Just because the vehicles are titled in your name, does not mean they are solely your property. Any divorce court will look at joint as well as individual assets as community property, unless you can prove you owned them prior to the marriage or obtained them through funds your spouse has no claim upon. Same with debts. If you brought one of the vehicles into the marriage and the second was purchased after getting married, the latter is "community property" since it was bought with marital funds (money earned by either you or your spouse during the time you are married is considered to belong to both of you).

Even with things like inheritance, once it is co-mingled, it is a joint asset. For example, if my parents passed away and left me $50,000 and I opened a separate bank account and put the 50k in it, I could legally claim it as a non-marital asset that belonged solely to me. But if I placed it in a joint account with my wife (that say had $5,000 in it previously), then I have co-mingled the assets and my spouse would have a claim on half the account since I cannot prove which portion remaining at the time of divorce is part of "my" inheritance.

Hopefully your spouse sees the vehicles as your property and won't attempt to make a claim on them.

[thongd4me 69]

Look for information regarding your state here in order to see what may be considered

joint or individual property. It varies from state to state.

Best of luck.

Divorcesource.com

[Bobby+Umit 161]

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

If you intend on divorcing, consult your state laws and follow them.

After the divorce, your spouse can attempt to remove conditions on their own (provided the marriage was entered in good faith), if they wish to remain an LPR (I take it they have the 2yr card). No need to wait.

[*JG* 2]

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

Had the same thing. If you can prove it was yours prior to marriage, no problems. If purchased during marriage, your spouse can argue they are part theirs and should be split accordingly.