QUESTION
what is the law against if my us husband wants to divorce me but i dont?
Asked on Jul 10th, 2011 on Divorce - California
More details to this question:
My us citizen husband wants to divorce me. Can court force him to get me us citizenship or some amount of money?
19 ANSWERS
William Guy Pontrello
he is the person who runs the case if he file he can move it through. can force citizenship, can award alimony.
Answered on Jul 08th, 2013 at 2:56 AM
Only one party needs to request the divorce. So unfortunately you could not stop it. As to money or property, that can be requested as part of property division or support. The court has to consider those areas - but usually parties reach an agreement on those areas.
Answered on Jul 14th, 2011 at 9:59 AM
Roianne Houlton Conner
If someone wants to get a divorce then even if the spouse does not want the divorce it can still be granted. Whether or not you can force your spouse to obtain your citizenship or be made to give you money depends on the facts and circumstances of the marriage.
Answered on Jul 13th, 2011 at 11:26 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You may be entitled to money because of jointly held assets or alimony. You should discuss your situation with a Florida Divorce attorney.
Answered on Jul 13th, 2011 at 10:07 AM
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You cannot prevent your Husband from getting a divorce if he swears the marriage is irretrievably broken. Many times when there is a non-citizen marriage, immigration will require the citizen to sign an affidavit of support. I suggest you try to locate a copy of this document. Alimony may also be available. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Jul 13th, 2011 at 9:34 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No. If he wants to divorce you, then he can divorce you. Your immigration status is a completely separate issue that you would then have to deal with on your own.
Answered on Jul 13th, 2011 at 9:07 AM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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Unfortunately, California is a no fault state. So, he can get the divorce even if you don't want it. The court cannot force him to give you citizenship. However, if there is a discrepancy in your income, you could collect temporary spousal support. Depending on the length of the marriage, you could collect permanent spousal support.
Answered on Jul 13th, 2011 at 9:06 AM
Glen Edward Ashman
Since Georgia has a no fault divorce law, if he wants a divorce and you don't there will be a divorce. You will want a lawyer to make sure the case goes as well as possible.
Answered on Jul 12th, 2011 at 2:12 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Either party may divorce the other party in Ohio. We do not compel people to stay married. A part of that process is the division of assets acquired during the marriage. Please see a domestic relations attorney for more information.
Answered on Jul 12th, 2011 at 2:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado your consent to the divorce is not required. Your husband cannot "get you citizenship" and a court cannot compel him to do something he can't do.
Answered on Jul 12th, 2011 at 1:54 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law your husband is entitled to a divorce if he wants one. The court may decide he has some ongoing support obligations to you, and the court will decide what property should be awarded to each of you. The divorce court does not have the power to make decisions about citizenship.
Answered on Jul 12th, 2011 at 1:17 PM
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There is no way to prevent a divorce if the other spouse wants one; New York was the last state to require a finding of "fault" for a divorce to be granted. Now, if one spouse seeks a divorce they may pursue it, regardless of the wishes of the other spouse. With regard to your citizenship, if your husband sponsored you to come into this country you may be eligible for a period of spousal support based upon that sponsorship, in addition to your rights for spousal support under Louisiana law. (This is an additional means or reason for requesting support, not an additional amount.) There is no way to force your husband to "get you citizenship," but he may be financially liable for you until you can support yourself or remarry, depending on several factors.
Answered on Jul 12th, 2011 at 1:13 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can't force him to Petition for a Green card, but you may be entitled to spousal support.
Answered on Jul 12th, 2011 at 1:08 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington State you can't stop him from divorcing you. You will be entitled to a fair and equitable division of his and your assets however.
Answered on Jul 12th, 2011 at 1:07 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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In WI, if one party can say that they want a divorce and the marriage is irretrievably broken, they can get a divorce. As for the citizenship questions, you would need to talk to an immigration attorney on what you would need to do to become a citizen.
Answered on Jul 12th, 2011 at 1:07 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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All that needs to be shown is the marriage is irretrievably broken. You can't stop a divorce.
Answered on Jul 12th, 2011 at 12:23 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Your husband can get a divorce without your permission. You may be entitled to support and an equitable award of property. The divorce court cannot force him to get you US citizenship, but you may be eligible for that as a result of your marriage, even if you are getting divorced.
Answered on Jul 12th, 2011 at 12:20 PM
First, assuming jurisdiction is otherwise proper in Washington, to get a divorce, at least one of the parties has to be willing to appear in court and swear that the marriage is irretrievably broken. So, as long as your spouse is willing to do that, then, sooner or later, there is going to be a divorce. The rest of the case is going to be about division of debts, property, children, child support, etc. As to your immigration status: Divorce happens in state court. Immigration, however, is a federal matter. Therefore, in general, the state courts have no jurisdiction to do anything about immigration status. The only exception to that which comes to mind is that it is possible your spouse signed some sort of undertaking with the federal government to provide a certain minimum level of support to you. If that in fact was done, then, that might be enforceable in state court. However, you would need to have an immigration lawyer assist you with that. Ignoring the immigration issues, there are certain criteria that the court looks at when dividing debts, property, and awarding maintenance. Some of those are: the duration of the marriage, the age of the parties, the health of the parties, the educational background of the parties, the work history of the parties, each party's income and ability to support themselves, and each party's need for time or education to make themselves self-supporting. Whether you can get "some amount of money" is going to depend on these criteria.
Answered on Jul 12th, 2011 at 12:19 PM
California is a "no fault" divorce state. This means either spouse can decide to divorce the other spouse without any reason at all. The other spouse cannot stop the divorce. In addition you cannot force your husband to "get you" citizenship in the US. As to money, when you divorce the court will decide if your spouse will pay you spousal support and will otherwise divide the community property assets.
Answered on Jul 12th, 2011 at 12:02 PM