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shin shin

Husband kicked me out:-(

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Filed: Timeline

actually she referred to an 8k down payment on a car purchased during the marriage. I have no idea of the value of the car, but its substantial if the down payment was 8k.

His rank is irrelevant. What matters is how much he earns. Spousal support is determined by how much he earns and how long she is entitled to receive it will depend on the judge. It could be 6 months it could be 6 years. Like I said there are many factors taken into account when determining if a spouse is to be awarded spousal support and if so for how long. Her current and future mental state and treatment during the marriage are deciding factors.

You seem to be implying that if prior to marriage his pay was 300$ and then after marriage it was raised to 450, causing a difference of 150, that thats the maximum spousal support she can expect to receive and thats not true. The judge can impose any amount and in cases of abuse they often do impose greater amounts as 'punishments'and to help the disadvantaged spouse get back on their feet.

If the OP can not afford a lawyer and is able to obtain one through legal aid her spousal support would not directly be effected by that. If they provide her with free legal services then they are simply that- FREE. If they provide her with reduced cost services, then yes, she would be responsible for paying the reduced bill at the conclusion of the case. And yes, she would probably use her spousal support income to pay the reduced legal bill and upcoming ROC filing fees as well as her living expenses. But thats what the spousal support is for- her expenses.

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How long did your marriage last

This seems to be a short marriage, therefore don't expect anything great out of the divorce. I think the expectation surrounding the divorce will be a disappointment to you.

I'm not really after the spousal support I even told to Jag lawyer that I don't care if he give me financial support or not but he said it is required because of BAH...

Yes is a short marriage and I am not expecting him to spoil me with the spousal support.....

Divorce itself is really disappointing but I know whats reality is thats why I am seeking legal advise too...

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actually she referred to an 8k down payment on a car purchased during the marriage. I have no idea of the value of the car, but its substantial if the down payment was 8k.

His rank is irrelevant. What matters is how much he earns. Spousal support is determined by how much he earns and how long she is entitled to receive it will depend on the judge. It could be 6 months it could be 6 years. Like I said there are many factors taken into account when determining if a spouse is to be awarded spousal support and if so for how long. Her current and future mental state and treatment during the marriage are deciding factors.

You seem to be implying that if prior to marriage his pay was 300$ and then after marriage it was raised to 450, causing a difference of 150, that thats the maximum spousal support she can expect to receive and thats not true. The judge can impose any amount and in cases of abuse they often do impose greater amounts as 'punishments'and to help the disadvantaged spouse get back on their feet.

If the OP can not afford a lawyer and is able to obtain one through legal aid her spousal support would not directly be effected by that. If they provide her with free legal services then they are simply that- FREE. If they provide her with reduced cost services, then yes, she would be responsible for paying the reduced bill at the conclusion of the case. And yes, she would probably use her spousal support income to pay the reduced legal bill and upcoming ROC filing fees as well as her living expenses. But thats what the spousal support is for- her expenses.

I can also show that my I saved that money before we got married its all in bank statement...the car is $28k downpayment of 8k all from my savings he promised he will pay me back then not even give me a ride...

Tomorrow I will search for legal aid in our area to ask for assistance...

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If you have bank statements showing activity at the residence it could be helpful to establish a date of separation, but its not really the type of evidence you need. What you need is statements from people who were involved. You said you left when he 'kicked you out' and went to a friends house. Have your friend write a simple statement saying on X date shin shin arrived stating her husband threw out her and she had no where to go. Get a statement from whomever it was that you reported the incident to in the Military police as well. (on X date shin shin reported her husband threw her out on X date and xyz happened) That is your evidence of the date of separation.

You MUST have that date as the date of separation on the final divorce. If your husband wont agree to it, then you have to let the judge decide. You would present your evidence (statements from everyone you went to when he threw you out) He would have to present his own evidence on why he wants a different date. What evidence would he have for a different date? nothing since you were living there there would be nothing he could show to prove otherwise.

Secondly the OP lives in CA. It is a community property state. That means she is entitled to half the marital assets regardless of how short the marriage was plus spousal support. If she can prove abuse and/or she was completely dependent on him (not having a DL, and he restricted her financial independence) the court can and most likely will award her spousal support.

I dont know when my friend's statement will be needed and all the text messages from him how he abused me verbally and threaten me...Jag lawyers didn't asked for it even Military Police....maybe in the divorce hearing???

yes I can prove that I'm still living with him till he kicked me out statement from Housing manager,maintenance,neighbors..

I'm sure he put that different date of separation to messed up with my ROC..so I don't know what will happened...

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yesterday received a call from husband's Commander asked for my Bank info and he said he already talked and gave order to my ex to transfer to my account....

Today I went to Family law court file for Response Form to and fee waiver form and it was granted..

Called my ex's CO asked him if how he want me to send the copy for Response for my ex he told me I can fax it over to his office so I just sent him the copy to serve to my ex..

went to Therapy again then tomorrow going to DV class again...

feeling better now and I know I will get back on my feet..

thanks for all the people who gave advised and praying for me...

I know its gonna be a long journey but God is with me and will NEVER leave me..

God Bless you all :)

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Filed: Citizen (apr) Country: Ecuador
Timeline

Great to hear, si man! :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Ireland
Timeline

*** three topics combined to keep the story together ***

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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