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

| Jan 1, 2016 | Uncategorized

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)

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