Call 914-368-7580 now to schedule a 15-minute Case Assessment or full 45-minute Case Strategy Consultation!
Call Today 914-368-7580

Looking to get a divorce, my spouse is a GC holder, what are my rights vs her rights, how do I proceed?

Q: Spouse is green card holder (8 months) through marriage, 1 year 4 months married. She is unemployed throughout the marriage. We jumped into this very fast, married genuinely, I love her, but this is fading as am not IN love with her anymore. Total dependency on me, but I want to end it, and it's not her fault. I'm afraid this will hurt her, "throwing her on the street" and I can't live with that guilt. I have been supporting her in everything. We don't have savings, nothing is under her name (i.e. rent, phone), she is joint account holder/authorized user on my bank and credit cards, respectively. I hope that when I break the news, she doesn't become scornful, seeking revenge, and going after the little we have. Or worse, going after alimony as I have been financially supporting her the whole marriage. Looked at an alimony calculator, and the payment is exuberant because she is unemployed. She is looking for work, a good job, to start her career in the states, I have thought about waiting until she gets her feet on the ground. Tax season is coming up, I'm not sure this is up for grabs. I'm just trying to find a peaceful, economic solution to this.

A: David's Answer: Here's the issue: if you sponsored her for her green card, then you also most likely submitted an "Affidavit of Support" which is essentially a pledge to support her so long as it's needed. This may be a factor the Judge considers in granting her alimony (i.e., maintenance). Thus, it may make sense to wait a few months & document your encouragement in helping her look for work (e.g., e-mail her job postings, job fair ads, links to Workforce One, etc.). Schedule a consult with a NYC Divorce attorney for a full assessment. -- David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3174 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions