Morven, GA Divorce Law Firms & Lawyers

You are entitled to a fair share of all marital property. That includes a fair share of the portion of the retirement that was earned or contributed during the marriage. There are no simple, fixed rules for deciding what is "fair". But, if you and your spouse cannot agree to what is fair, a judge will usually start by looking at 50/50 split of the overall total - not necessarily 50/50 as to each individual asset. You may be entitled to spousal maintenance (alimony) if the financial situation justifies it and child support will be required. Because there are no simple rules for any of these potential entitlements and final decisions require evaluation of all the relevant facts, you need to consult an attorney to obtain a more comprehensive explanation to identify reasonable expectations in your case.

A foreign national spouse can succeed in an Application to Remove Conditions notwithstanding her divorce from her U.S. citizen husband. The process includes filing a Form I-751 petition with a request to waive the usual requirement that both spouses file together, and to succeed one must produce a particularly strong set of documentary evidence that the couple lived together in a bona fide marriage notwithstanding that it ended in divorce. It would be wise to engage an immigration attorney without delay, since that attorney, after learning all of the relevant information, would be able to advise you about the types of documentary evidence to obtain now, before getting such documents becomes more difficult. It also would be wise to consult with a local domestic relations/divorce attorney who could advise you about your and your husband's rights and obligations in the event of a divorce, including advice about receiving an equitable division of marital property and receiving temporary alimony. That attorney could represent you in the divorce process in order to achieve the best possible outcome. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.