Need legal advice ASAP: my friend wants a divorce with her unloving husband, but there is so much legal issues she'd have to deal with.?
They've been married a little over a year. He treats her like ****.
-He is here on a green card, which expires spring of 2020. He's not sure if he wants citizenship, but from my understanding, if they get a divorce, he would be deported back to the Ukraine?
-They own a cleaning business together that they run from their house, but even though she's an owner/manager of the business, there's nothing on paper stating so. In other words, they don't have a joint account for the business. The $ is in his account without her name.
-They have a lease on the house that they're staying in, which is up a month after the husband's green card expires. The lease is in both of their names.
-One of the husband's friends is supposed to move in with them for several months starting next week, but his name would not be under the lease because technically they're not supposed to have any other roommates if they're leasing a house the landlord owns.
-They have a large dog, and if she got a divorce, the husband would probably send the dog to a pound or give it away.
-My friend has nowhere to go if she leaves him, and doesn't have the money to get a lawyer.
-They got married and live in Oregon.
-He doesn't know she wants a divorce.
Overall, what should she do, in terms of trying to get a divorce? How would him being an immigrant impact the process? If the green card expired, how would this effect the husband as far as the business? What would happen if they got a legal separation instead?
- sheloves_dabluesLv 75 months ago
Oh good grief.. She files for divorce.. They split their assets. His immigration status has nothing to do with her after that.
The business is an asset. If she wants the focking dog, she petitions for the dog in the divorce. A legal separation is the same thing as a divorce in terms of legally splitting things. If she wants to divorce she should file for divorce.
- No MercyLv 75 months ago
u want a legal advice - go and pay for a REAL lawyer. i like to watch that american reality junk called "90 days" and all derivatives from it. so from that programme i know that if a person has got a green card already a person will not be deported unless the marriage had not been consummated and annulled. if they have been living as husband and wife she may divorce him it will not have any affect on his deportation BUT if she is his sponsor she will be responsible paying for him for 10 years. all this info i got from the reality show. u want smth better - PAY MONEY to a professional
- FoofaLv 75 months ago
She'll want to find a legal aid society where she can get some lower cost advice. But in general...
1) If she's his immigration sponsor and she doesn't sign off on him removing the marital conditions from his green card (which can be done at two years of marriage) he'll eventually lose status. But under current US policy he's not a priority for deportation so he'd probably just stay on in the US. If she signed the Affidavit of Support for him she's responsible for any debts he may incur for a period of 10 years from the issuance date of said green card.
2) Oregon is not a Community Property state so they'd go either to court or into arbitration to determine how to split the business and the money in all their bank accounts. But Oregon IS a "sanctuary state" meaning that even is this guy's green card elapses and he's "out of status" he still has all the same state rights as a citizen would, including things like demanding she buy out his half of the business or sell it and split the proceeds if she can't afford to buy him out. Thank god they're renters because he could have taken half of any home she owned as well.
3) A legal separation may be the way to go because that invokes a statute that lets a judge just decide how all the marital property is divided. She's going to lose most of what she has regardless but if she's afraid of this guy letting the court do it might be safer than sitting across from him in arbitration. But a lawyer can tell her for sure.
4) The easiest way to go would be for her to move out and take the dog and try to get herself out of the house lease buy begging the landlord and explaining the divorce. But it she can't do that then who gets to stay in the rental property would also be something they'd talk about in arbitration.
Bottom line, she can't afford to divorce this guy right now. She should scrape together enough to buy an hour with lawyer to find out what moves she should be making. These are probably going to be insisting that her name is also on the business checking account, etc. Getting rid of this guy is going to be a long and drawn out process. But I didn't go to law school, she needs a professional.
This should be a lesson to all that sponsoring a foreign spouse comes with SERIOUS ramifications. Your friend is probably going to lose most of what she's got and possibly even have to reimburse the state if this guy ever tries to sign up for welfare or food stamps. She's going to be ruined no matter how this turns out but having a lawyer can help her to not end up homeless over her poor decision to marry and sponsor this guy.
- robnrobn2000Lv 65 months ago
She need to get a lawyer and if she's really gonna divorce him she needs to get him away from the business so he cant drain it for all the money.
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- choko_canyonLv 75 months ago
Need legal advice? Then ask a legal professional, not random strangers on the internet who's advice you cannot trust and may not apply to the state in which the problems exist.
- Anonymous5 months ago
In the UK the spouse wanting a divorce or separation must first let the home office know that you have separated and are no longer living together. This way the law will look into his visa and check if he has the right to live in the country. If not then he will be deported back. However he can appeal his deportation due to many factors such as domestic violence, lifestyle etc.
- SteveLv 75 months ago
Tell him she wants a divorce. That’s step one. Being deported wouldn’t fit in with his plans were that to happen, but she doesn’t have to stay married to him either way. So she should tell him what she wants, a divorce.
Then do it ASAP. Consult an attorney about doing that. They are licensed to provide legal advice, and consultations are generally free.
- Anonymous5 months ago
I just hate it when my friends ask me to find out answers to complicate legal issues.
Anyway, whether or not he will be deported depends on many factors. There is no guarantee that he will be deported (despite what you see on TV). He can ask for political asylum. IF he married her for the green card, they BOTH will have legal issues.
If “there’s nothing on paper stating” that they co-own a business, if everything is in his name, it’s his business, his money. Is that the question?
If the lease is in both names they are both responsible - one moves out, the other is under contract until the lease expires. The landlord could pursue either one or both for unpaid rent and damages.
You appear to already know it’s a violation of the lease if a friend moves in even though “technically” (I have no idea what “technically” has to do with anything) it is against the lease. If the landlord discovers the roommate, the illegal renting, the landlord can evict all of them AND file for rent until the lease expires.
Why would the husband get “custody and control” of the dog? Either party can take the dog and argue about it later.
Legal Aid in some States provides Attorneys for divorce cases. Some Attorneys will work for no or a reduced fee.
I have no insight into who wants a divorce and who does not.
What should she do in terms of trying to get a divorce? Filing for divorce is a good start. His legal status makes little difference in the divorce. If the green card expired the person whose name is on the account STILL owns the business UNLESS a Judge rules otherwise.
If they got a legal separation they would live apart while negotiating a settlement.
Didn’t your friend agree to support the spouse for a minimum of 10 years? That’s a bigger issue.
Your friend should make an appointment with an immigration Attorney.