QUESTION
How is property acquired with a green card treated in a divorce?
Asked on Aug 11th, 2013 on Immigration - Georgia
More details to this question:
What is my equitable distribution share of my spouse (who obtained Green Card via our marriage) assets in a N.Y. divorce.
3 ANSWERS
Adebola O. Asekun
In your divorce, the immigration status of your spouse is of no consequence and your property rights will be treated no differently than if you are both US citizens
Answered on Aug 14th, 2013 at 4:22 PM
It would not be any different from a divorce of two citizens.
Answered on Aug 13th, 2013 at 11:45 PM
Generally, distribution of assets in a divorce is governed by the domestic relations/divorce laws of the specific state that has jurisdiction, and U.S. federal immigration laws do not govern this topic. Usually the relevant state laws are the state where the couple lived during their marriage or the state where the party against whom a divorce is sought now resides. It would be wise to engage a domestic relations/divorce attorney to advise you about these issues.
Answered on Aug 13th, 2013 at 5:08 PM