You may indeed be able to prove deception --- any judge would look at her one month departure as a ruse....I'd hope..... Illinois is not a community property state, like say California, so what you had prior to your marriage will probably be awarded to you. Also, you marriage was not considered a "long marriage" (10 or more years) , so assuming you had no children, you may be able to avoid alimony as well. See an attorney, in this case.... don't use internet papers, and don't use a mediation attorney.... you'll get screwed. If she was cleaver enough to get you to marry her, she'll be cleaver enough to try to take as much from you as she can.... (What WERE you thinking when you married her..... that is one of the oldest scams on this planet.....)
2006-11-17 08:30:04
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answer #2
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answered by April 6
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Citizenship is a Federal Jurisdiction, not State, and it takes Seven years of marriage in order for a marriage to make a person an American Citizen. I know as one of my friends married a man from Mexico and also my Niece married a man from England and both have explained this process to me. It takes seven years, not five years for this to kick in legally.
Now, regardless of how long you and she have been married, even regardless of whether or not she is a citizen, the laws of your state will dictate what she gets in the divorce. If you live in a community property State, then everything you earned during the five years you were married to her, half of it is hers. Also, anything you bought together while married, any homes, cars, furniture, etc, half of this would belong to her as well.
Anything you purchased prior to the marriage belongs to you solely, unless you added her to tittles after the wedding, or at any other time before the wedding. So, for example, if you owned a home prior to the marriage and did not add her name to the tittle, that property is yours alone, but if you added her, or refinanced it during with her, then it would revert to community property.
It doesn't matter if she earned any income during your marriage or not. Her contribution would be considered as your help mate in keeping the home, doing the laundry, cooking meals, running errands, etc. This is meaningfull work too, and if you don't think it is, then I am not surprised you are getting a divorce. I am not wishing to put you down or offend you in any way, just some men seem oblivious of how much work it actually takes in running a home. A bachlors pad is not a home as a family or couples home is. There is always the exception to the rule here, as in any case or situation, and if that is true, well it will be difficult to prove in court. Even if she did very little at home she still is legally intittled to half of everything earned or purchased wit earning of the marriage. I say earning of the marriage, as that is how they are viewed by a court of law, not of one or the other, but as a couple together.
I am sorry she ran out on you when you thought she just gained citizenship. It may help you that five years is not long enough for marriage to grant her legal status. If she has to leave the country, go back to her own country, and does not have the finances to fight a court battle across a large distance, then you just may get much more than you really legally have any intittlement too. It would be rather underhanded, but be that as it may, it may be your only hope. I do not encourage you of trying to cheat her, and in fact it would be showing low moral and ethical charactor on your part, but that is your decision to make, not anyone else's as you are the one who has to live with your decisions and choices of behavior.
I am sorry she has hurt you, divorce is an ugly thing, and love gone bad is such a sad thing to happen. Nobody goes into marriage thinking it will end, but still only half of all marriages make it over the long term. At least those are the sad statistics of our society, I am unsure of other societies. I wish you luck and to recover soon from the heartache this will leave you with. Even if you are very angry right now, anger is only a masking of true emotions like hurt and grief. Once the anger is gone, the hurt and grief will still be there to be dealt with. I suggest maybe you should consider putting the anger aside sooner rather than later as this will help you get through the other end of the hurt and pain quicker and enable you to put this behind you and find somebody who will be a true mate and will love you properly.
I wish you all the luck possible and a good day too. Again, sorry for all the hurt you are feeling right now.
2006-11-17 08:44:13
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answer #3
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answered by Serenity 7
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If you can prove that she did it for citizenship only, then you won't have to divide the assets. Perhaps you can settle in court not bring up the citizenship issue if she will just leave with nothing. You will also have to be careful because she will probably say you knew all she wanted was her citizenship. You need a lawyer if your assets are significant. Spending thousands over hundreds of dollars is a waste.
2006-11-17 08:28:42
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answer #4
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answered by tiger_lilly33186 3
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