Here's my situation: We got married April of '06 and were separated by February '07. During that time, my dad had paid for him to get his immigration paperwork finished (aprx. $3000) and after we split up he said he had intentions of paying him back. He left me with only $300 and didn't give me any notice before he left. (He actually had me belive he would be back) During our marriage, he had also dammaged my car (by kicking it). Should I just swallow my losses or do I have a good case here? I don't know what to do, I feel bad for considering this (as I do not want to cause problems) but he pretty much left me high and dry, leaving me with practically no money, and he is just able to walk away free and clear?!? Any advise would be so appreciated.
2007-08-13 07:15:41 · 24 answers · asked by adorethasp 3 in Family & Relationships ➔ Marriage & Divorce
Maybe sueing isn't the term I was looking for. I'm just wanting to get back what I've lost. As far as the immigration is concerned, I don't really care about that, just how he left me with no $$...that just doesn't seem right to me. And to those of you who think this is funny, and are answering this question with a grain of salt...go suck a fattie!
2007-08-13 07:23:45 · update #1
Talk to an attorney.
2007-08-13 07:19:24 · answer #1 · answered by 55 and trying 5 · 4⤊ 2⤋
If you have evidence that all this happened, then I think you have a really great case. If there is no evidence, you will be throwing money out the window pursuing this. That basically sums it up. It is all a matter of whether or not you can prove anything. Plus, it will have to be your dad suing him for the immigration paperwork, not you. Maybe you two should see an attorney together to discuss this.
In any case, he is not walking away free and clear. Even if you don't sue him, you should still be discussing this with your divorce attorney. You may have more coming to you than you think! Good luck!
2007-08-13 14:20:47 · answer #2 · answered by Mr. Taco 7 · 1⤊ 0⤋
Whether you have a good case depends on whether you have or can obtain good evidence. Do you have anything in writing showing that the $3000 was meant to be a loan and not a gift? Or, can you get him to sign something promising to pay it back? Do you have any witnesses besides you and your Dad? If you've got evidence, then you've got a good case. Now ask yourself, how badly do you need or want the money? Is is worth the hassle of going to court and making your relationship with him worse yet? If you're rich, you might just want to let it go and move on with your life. If you're struggling financially, or you feel it would help you with closure, then go after him!!
There is also another approach that you can take to this. If sounds like he married you just to get his citizenship. Whether or not this is true, if this comes to the attention of the authorities, he could be in a lot of trouble and end up getting deported. You can use this as leverage. Tell him to pay your Dad back and then you won't feel the need to report his immigration fraud to the authorities.
From now on, put everything in writing.
2007-08-13 14:21:46 · answer #3 · answered by L T 3 · 0⤊ 0⤋
I'm really sorry to hear about your situation. Unfortunately this kind of thing happens a lot. If you can stand the thought of keeping all of this in your head for the next 6 months and thinking about it every day and you have solid proof that your dad paid for the immigration paperwork then have your dad file a complaint in small claims court. With proof you shouldn't have any problem getting a judgement against your ex. About the car, I would say forget about it. Maybe sell it so that you don't have to see where he kicked it and you can start forgetting about this person and move on with your own life.
2007-08-13 14:23:19 · answer #4 · answered by Bryan S 1 · 0⤊ 0⤋
First of all, get a consultation with a lawyer. A lot of times, they are free and you will get more insight on what to do. Try to find one that has a good reputation among friends or family members. Secondly, if you only have your word against his you'd have to take it to small claims, BUT for $3000.00, I would definitely look into it. It's not a small amount to just be thrown away. If he said he would pay it back, then I would get it back, or try anyway. Yes, it is going a little out of the way, but from what you are saying, he is putting you through the wash and hanging you out to dry. Don't let him get away with that, if not for the money, for yourself! And if all else fails, call Divorce Court. :)
2007-08-13 14:27:01 · answer #5 · answered by Leah C 1 · 0⤊ 0⤋
His immigration papers? Sounds to me like he married you so he could become legal! It happens alllll the time.
For the $3000... Your Dad would have to be the one to sue him. Hopefully you guys put everything in writing though I'm thinking that you didn't.
As for your car... How much did he damage it? If you don't have any proof that he did it and he won't admit, there's not much of a case.
Sorry to say it but, you got screwed. Be careful who you trust next time.
2007-08-13 14:22:02 · answer #6 · answered by ? 4 · 1⤊ 0⤋
I guess you'll be getting a divorce but probably an annulment would be better.
If you live in a community state half of everything you guys have is split in two when you get divorced. So be careful or maybe you'll be out more than what you've mentioned here.
I would move quickly and make the first strike.
Good luck
2007-08-13 14:48:49 · answer #7 · answered by theladygeorge 5 · 0⤊ 0⤋
If you have him writing down owe money to your dad, that you have a good case, but in the united state, his word is as good as him signing the contact. So if you have friend and family memeber that knows about this, you have a good case to getting the 3,000.00 back. As for the car, if ou have picture and the amount you need to fix it by the car auto shop, that you might be able to get that back as well. So i believe you have a good case.
2007-08-13 14:22:06 · answer #8 · answered by ken401lam 5 · 0⤊ 0⤋
Your dad might be able to sue him. You need proof that he gave him the money and to testify that he promised he'd pay him back.
You need to get a lawyer to deal with the equitable division of assets. That would mean that he would get half, and you would get half.
I think it's best to let the whole thing go.
2007-08-13 14:23:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Any arguments need to be addressed to the courts. You don't have to sign divorce papers unless you agree to the decree.
As for money issues concerning what your father did that's probably a civil matter and not part of the divorce settlement.
2007-08-13 14:37:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋
No one mentioned this but if you could prove he just married you so he could become an american citizen then you could go that route. Your dad could take him to small claims if he has documented everything notes,phone calls,emails,dates and times, who he spoke with,etc. Then when you take him to court you would have something to back you up. Otherwise if you take him to court it is his word against yours and the judge will decide on who he believes most.
2007-08-13 14:28:14 · answer #11 · answered by Anonymous · 0⤊ 0⤋