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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> visas

Do You Have To Remain In The State During The Residency Requirement Period?

Sep 05, 2011

divorce decreeQuestion:

I need a bit of clarification on the domicile requirement for filing a divorce. Where I am from (Texas), I understand that at least one person must be domiciled in Texas for the preceding 6-month period and they have to be a resident of the county for the preceding 90-day period.

Does the 6-month period have to be consecutive? By this I mean, would it be possible for a person visiting the U.S. on a tourist visa to legally file for divorce in the U.S.?


Posted by: mallen | Comment (0) |

Immigration divorce and custody issues

May 12, 2011

foreign divorceQuestion:

My wife does not want a divorce because her Visa enabling her to remain in the country legally is based on being married to a U.S. citizen.

If we were to get divorced, would she be deported?

Would a judge refuse to grant a divorce if it meant deportation and our child would be unable to see his mother often?


Posted by: mallen | Comment (0) |

Can I file for divorce in the U.S. if my wife lives in another country?

Mar 14, 2011

divorce attorney Jill DuffyQuestion:

My wife and I are both Indian citizens but I am in the U.S. working on a visa while she is back in India.

Can I file for divorce in the U.S. if my wife lives in another country? Or must it be filed in India where we are both citizens?


Posted by: mallen | Comment (2) |

My ex took our child out of the country on vacation. Now she wants to stay there! What are my rights?

Dec 10, 2010

Divorce Attorney Angela FoyQuestion:

My ex-wife took my daughter to Taiwan for what was supposed to be 6-month vacation. I agreed to it so my daughter could get the experience.

Now she is asking me to sign a paper for her to get a resident visa and states she wants stay there for another year.

Can she obtain a visa without my signature? What about my visitation rights? I only agreed to a 6-month period, not a year and a half!


Posted by: mallen | Comment (0) |

Ask a Lawyer: Legal seperation and divorce

Nov 29, 1999

Question:

I have a son who is married to a Filipino. They married in Korea. This December will make 2 years for their marriage. She has been on US soil for 1 yr and almost 2 months, and my son has been seperated from her for over 60 days. He is in the military and currently in Iraq. The marriage cannot be resolved and he wishes to start proceedings of a divorce. He would like this to be done via mail between a lawyer and himself. I was told this could be done by a lawyer and that my POA would not allow him to assist him. Currently his wife has a 2 yr restraing order against him. She has been physically, emotionally and verbally abusing him for the duration of their marriage. He smacked her on the arm back in august and cried abuse and that was reduced to harrassment and the 2 year RO. There is a 4 month child involved. Most of my sons property was obtained before the marriage. The RO has given the wife temporary sole custody of the child which she uses as leverage against him to deny him visitations with his daughter(before the deployment). We are concerned that she will try to take the child out of the country while my son is in Iraq. She is not a US citizen, she is on a temp visa due to expire next Sept. The child obviously is a US citizen. My son would like to know how to start this process as quickly as possible as an uncontested divorce. They have been seperated well over 60 days and no sexual relations for months. His main base is FT Campbell. Please advise me and thank you for your time. A referral to a lawyer who can handle this would be greatly appreciated. I believe my daughter in law is here in the states on false pretenses. I have accidentally in my possession a card she wrote to her sister stating the she (the wife) needed to finish her studies here in the states and to wait for her. The wife also believes she is entitled to alimony. My last question is this. I have 2 bank accounts comingled with my son. Joint accounts just he and I. Would she have access to this or would this be a part of any settlement she would get? as those are my funds as well as my sons and there is no way to determine who put what in the account. Thank you for your time Please respond as soon as possible Sincerely , Sheryl Thayer POA

Answer:

I am not licensed in Kentucky which is where I assume your son will be filing his divorce. You should also consult an attorney licensed in your state. Your son should be able to file the divorce "by mail". The divorce can be completed by mail as long as the parties can agree on a settlement. Since there does not appear to be much agreement going on it is likely that a hearing will be required. Your son will need to present for any hearing that may be needed. If there is fear that his wife will leave the country it is probably a good idea to get the process started now and finish up when his deployment is complete.

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