how soon is the divorve hearing?

[shin shin 3]

my husband filed for the divorce but the thing is date of marriage and separation is incorrect so I have to file Response then i think I have to attend hearing?? I'm planning to file the Response next week so do you guys have any idea how soon I will have a court hearing after I filed the response next week??

any idea???

[Cathi 5,771]

This is a visa site, not divorce....

[shin shin 3]

This is a visa site, not divorce....

Sorry but I guess you're wrong thats why I posted it to GENERAL IMMIGRATION-RELATED DISCUSSION..

I believed it is related to my case because I will file waiver after divorce..

[Bumbero 130]

This is very state/county specific information. If I were you, I would contact the Clerk's Office, of the Court you or your husband filed, and ask this question.

[Villanelle 4,122]

divorces can move very quickly or very slowly. It depends on a number of factors. One being how busy the court is. The other being if the parties involved agree on things or not.

The basic divorce process is as follows when there are no children involved- it varies based on your location-

-one spouse files a complaint for divorce with the court

-the other spouse is served and will file a response

-the court will set a hearing date based on its availability where both parties will be expected to reach a settlement. If you can not come to a settlement in a reasonable amount of time with the mediator present, then you have two choices -either the hearing will be rescheduled. (basically they tell you to go home- work it out- make up an agreement on who gets what and come back to court when you have it settled.) OR -if you simply can not agree on anything and you both agree to it, you can elect to have the judge rule on who gets what. you both get an opportunity to plead your case and whatever the judge decides is final.

So how long does it take? It depends. The court could set the first hearing rather quickly but the other party can stall it for many months with negotiating a settlement. (if lawyers are involved it also moves much slower because you also have to account for the lawyers schedule when setting dates)

[shin shin 3]

thanks thats very helpful..all i want is to correct the dates and spousal support especially I'm his dependent also and he is in military

[Villanelle 4,122]

I also wanted to add, Im very doubtful that your husband will go the route of allowing the judge to rule on who gets what in the divorce because based on your other thread of their being abuse in the marriage- most judges do not look fondly on that. I dont know what state youre in, but most states have provisions that in cases of abuse assets DO NOT have to be divided equally.

You also mentioned that you feel you can not afford an attorney and were advised by JAG that you dont need one (??) I strongly disagree.

You need to contact legal aid services immediately. Google 'legal aid' along with the county name you live in. They do not know anything about immigration, but will be able to help you with the divorce at little or no cost.

[shin shin 3]

I also wanted to add, Im very doubtful that your husband will go the route of allowing the judge to rule on who gets what in the divorce because based on your other thread of their being abuse in the marriage- most judges do not look fondly on that. I dont know what state youre in, but most states have provisions that in cases of abuse assets DO NOT have to be divided equally.

You also mentioned that you feel you can not afford an attorney and were advised by JAG that you dont need one (??) I strongly disagree.

You need to contact legal aid services immediately. Google 'legal aid' along with the county name you live in. They do not know anything about immigration, but will be able to help you with the divorce at little or no cost.

I'm here in California....so maybe I can ask the Jag lawyer again to give me assistance to represent me on the court hearing..

He also sponsored for I-864 affidavit of support....

i will search the legal aid..thanks again

[TBoneTX 45,498]

*** Thread transferred from General Immigration Discussion to Military Discussion -- this topic is not immigration-related, but members with military experience can perhaps contribute more specifically meaningful information than what's in the other threads in the Effects of Major Changes forum. OP's utilization of military resources perhaps could be greater. ***

[Villanelle 4,122]

YOU should not be concerned about the affidavit of support. He should.

To be clear, the affidavit does not prohibit immigrants from seeking assistance in any way if they are in need of it. (ie the petitioner threw them out or otherwise stopped providing financial support) When someone signs the affidavit they are signing that they WILL provide support so that the immigrant wont need to seek assistance. If they fail to do so and the immigrant HAS to turn to government programs for aid the petitioner is forced to repay it.

Do not misinterpret it as "I can not seek aid because theres an 864". Thats his problem. If hes not providing you with access to assets to cover your basic needs you have every right to seek assistance.

Again its my opinion if JAG will not help you with the divorce, to seek assistance through outside legal aid. The only time you should do a divorce on your own is if the divorce is amicable and both parties are in agreement about dividing things equally. I strongly suspect this is not the case.

I know youre very focused on the immigration aspect and it seems like the divorce is just a small 'hurdle' right now. (something you have to get through to get to the 'important immigration stuff) But its actually a really big deal when it comes to your future.

Whats decided in the divorce is going to be final. The amount of spousal support you receive and how long you receive it is going to impact the quality of your life for the next few years. The same thing applies for how property is divided and if youre going to have medical benefits or not. Once the divorce is done you cant go back and change it. So you really need to ensure what youre walking away with is 1 fair and 2 is going to help you secure a future on your own as you work through the immigration system.

[shin shin 3]

YOU should not be concerned about the affidavit of support. He should.

To be clear, the affidavit does not prohibit immigrants from seeking assistance in any way if they are in need of it. (ie the petitioner threw them out or otherwise stopped providing financial support) When someone signs the affidavit they are signing that they WILL provide support so that the immigrant wont need to seek assistance. If they fail to do so and the immigrant HAS to turn to government programs for aid the petitioner is forced to repay it.

Do not misinterpret it as "I can not seek aid because theres an 864". Thats his problem. If hes not providing you with access to assets to cover your basic needs you have every right to seek assistance.

Again its my opinion if JAG will not help you with the divorce, to seek assistance through outside legal aid. The only time you should do a divorce on your own is if the divorce is amicable and both parties are in agreement about dividing things equally. I strongly suspect this is not the case.

I know youre very focused on the immigration aspect and it seems like the divorce is just a small 'hurdle' right now. (something you have to get through to get to the 'important immigration stuff) But its actually a really big deal when it comes to your future.

Whats decided in the divorce is going to be final. The amount of spousal support you receive and how long you receive it is going to impact the quality of your life for the next few years. The same thing applies for how property is divided and if youre going to have medical benefits or not. Once the divorce is done you cant go back and change it. So you really need to ensure what youre walking away with is 1 fair and 2 is going to help you secure a future on your own as you work through the immigration system.

On my Monday I seek legal aid assistance as I have no ideas what the steps I have to take to Response for the divorce...

and also Jag lawyer told me if I havent recieved anything from my husband have to contact his CO for the financial support,been told that my husband promise to send me every 30th of the month..I was expecting today i will have something in my back acct but nothing yet..

So i will wait till Monday to make phone calls again....

this is just stressful and depressing

[Darnell 8,478]

become friends with the clerk of the court where the divorce paperwork was filed.

Then ask the clerk of the court about scheduling and events.

Good Luck !

[StormnRolly 0]

I would suggest looking at lawyers outside of the military. I have heard some stories of people not getting what they deserve because the first priority of the legal aid on base is to the military members and not their dependents. It is good to use them as a way to ensure that you don't lose military benefits especially if what someone else posted that you were abused is correct.

[shin shin 3]

I would suggest looking at lawyers outside of the military. I have heard some stories of people not getting what they deserve because the first priority of the legal aid on base is to the military members and not their dependents. It is good to use them as a way to ensure that you don't lose military benefits especially if what someone else posted that you were abused is correct.

I will do that..thanks

[belinda63 3,038]

It is my understanding you won't get any help from JAG other than your spouse's compliance with military regulations regarding him supporting you by providing his BAH while you are married but separated. JAG is an attorney for the military and does not deal with civil family matters.

You should contact the legal aid office in your area and request a pro-bono attorney. It is doubtful you will receive any spousal support from him, but it never hurts to ask. As an LPR most social programs bar you from receiving assistance for the first five years but again, it never hurts to ask.

Any military benefits you are entitled to as his dependent will end when the divorce is final, this means his requirement to provide you with the BAH, your free medical and dental, commissary, etc. so make use of them while you can.

Seeing as you have no driver's license or job you should keep in mind that returning home is an option.