Malone, FL Divorce Law Firms & Lawyers

Representing yourself in a divorce case, especially in another State, is like bringing a slingshot to a gunfight. He should engage an attorney licensed to practice in that other State right away. Getting a joint checking account before his legal matters were in order was not a great idea. If the laws in the other State are similar to Florida's, then he will likely have to produce the account records, though he may be able to redact information that pertains directly and only to you. He should consult with an attorney in that jurisdiction to discuss the specifics of his situation and his options.

The short answer to your question is: yes, you may divorce your husband and seek to recovery alimony, notwithstanding that your husband is not in valid immigration status. The longer answer to your question is that if he were to be placed in removal (deportation) proceedings and forced to leave the country, it may be difficult or impossible to collect any court-awarded alimony. It would be wise to consult with a local domestic relations/divorce attorney who, after learning all of the relevant information about you, your husband and your marriage, could advise you about eligibility to seek alimony as well as advise you about other rights and obligations associated with a divorce.

First, its important to note that property which you inherit as an individual, during the marriage, is still considered your own separate non-marital property.  When money is taken out and placed into a joint account the presumption is that the money is a gift to the marriage and now marital property subject to equitable distribution.  As with any legal answer, there are exceptions and it's important to discuss this with local counsel to see if any exist. To get away from the legal language the easiest way to describe this is to think of your non-marital property as blue dye and your marital property as red dye.  If you mix the blue with the red, it becomes purple (I hope).  What the law doesn't allow you to do is simply trace out your $5,000.00 and put that money back in your individual account.  The same goes with the dye analogy.  Once the color turns purple, there is no way to trace out your blue dye to make everything go back to red. Before you make any additional transfer, it would be best to talk with an attorney in your area to protect the remaining funds in your individual account and to discern any exceptions that may exist.