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Family court jurisdiction

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Filed: IR-1/CR-1 Visa Country: Nigeria
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trying to see if my husband can petition for alimony if he pulls the 184 out his butt in divorce crt. can family court uphold that or can they weight what both parties bought to the marriage and make ruling from that? cause he brought literally nothing but betrayel pain and humiliation and i have proof.


03/09/2013: Married

09/10/2013: Sent I-130

09/12/2013: Case Received.

03/04/2014: Petition transferred to Nebraska Service Center.

03/25/2014: I-130 Petition approved

03/28/2014: Petition sent to NVC

04/09/2014: NVC received case

05/08/2014: NVC assigned case number

05/16/2014: Paid AOS fee

10/02/2014: Case Closed

10/10/2014: Interview Date Scheduled

11/17/2014: Interview - APPROVED!!

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Filed: K-1 Visa Country: Vietnam
Timeline

trying to see if my husband can petition for alimony if he pulls the 184 out his butt in divorce crt. can family court uphold that or can they weight what both parties bought to the marriage and make ruling from that? cause he brought literally nothing but betrayel pain and humiliation and i have proof.

The short answer is probably not.

First, you're talking about two different things here; alimony (or more likely, spousal support), and property settlement.

Alimony is not very common anymore. The original intention of alimony was for the working ex-spouse to provide support to the non-working ex-spouse. It was more common at a time when woman had a difficult time entering the workforce, and were not expected to do so after a divorce. Alimony often lasted for the rest of the recipient's life, or until they remarried.

Spousal support is much more common now. It is intended to offset any shortage in one ex-spouses income in order to help them maintain the same standard of living they had during the marriage. Spousal support amounts and the duration that they are paid usually depend on the length of the marriage. Many states will not order spousal support after a short duration marriage (a few years), regardless of the income disparity. Most states have a formula for calculating the amount of spousal support.

Property settlement is an agreement for dividing up the marital assets. The process involves identifying which assets are separate (they belong to one party or the other, and cannot be considered in the division) and which assets are marital (they belong to both parties, and should be divided equitably). The rules vary between the states. Often, property which was owned by one party prior to the marriage remains separate property after the marriage. Property obtained after the marriage can be either separate or marital, depending on the rules in that state.

Re. the I-864, some people have successfully used the I-864 as a basis to establish spousal support. However, this tactic is rejected by family courts more often than it succeeds. Most states have clear guidelines for determining whether spousal support will be awarded, how much will be paid, and how long the payments will last. In many states, family courts are required to follow the state guidelines, even if there is a contract or prenuptial agreement to the contrary. There's a good chance the judge will tell your husband that the I-864 isn't a matter for them to resolve, and he'll have to file a separate suit in a civil court.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

awesome,thanks!


03/09/2013: Married

09/10/2013: Sent I-130

09/12/2013: Case Received.

03/04/2014: Petition transferred to Nebraska Service Center.

03/25/2014: I-130 Petition approved

03/28/2014: Petition sent to NVC

04/09/2014: NVC received case

05/08/2014: NVC assigned case number

05/16/2014: Paid AOS fee

10/02/2014: Case Closed

10/10/2014: Interview Date Scheduled

11/17/2014: Interview - APPROVED!!

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