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Can immigrant wife ask for maintenance if the marriage only lasted for less then one year.

Skokie, IL |

My Father-In-Law married his 2nd wife in India, and brought her here in January 2012, within 3-4 months she changed her colors and started to demand for money and other things. She threatened him and his son and even called the cops and falsely accused him of beating and neglecting her. No charges were filed, but he moved out of the house for his safety and started divorce proceedings. His divorce attorney is telling him that he will owe are maintenance in the amount of $1800 - $2300, depending on how much he can negotiate with her attorney. They were barely living together for 3-4 months before all this started and she has been living in the house for the past year rent free, as my father-in-law has been paying the mortgage and all bills. Do we need to get a second opinion?

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Attorney answers 8

Posted

There are two separate issues:

1. Maintenance awarded based on the marriage.
2. Your father's support obligations based on his I-864 which must have been submitted when he sponsored his wife for an immigrant visa.

Maintenance awards in Illinois divorce cases are famously unpredictable and based on all sort so factors.

However, the I-864 support obligation is very clear. He must support her at 125% of the Federal Poverty Level. This support obligation survives divorce and may be enforced in federal courts. For more information, see article below about a recent case.

This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

Posted

This is a GOOD question for an IL attorney regardless of the immigration status of the wife. Use of the word immigrant, contrary to what you may think, does not make this into an immigration law question. Look for a good local attorney in IL. If you cannot find one, let me know, I will help you to do that.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Luke D. Kazmar

Luke D. Kazmar

Posted

lol...thanks

Luke D. Kazmar

Luke D. Kazmar

Posted

btw...I may call you working with me on case

Posted

It is next to impossible to give you the answer you deserve without knowing more facts. There are circumstances where that amount might be reasonable, but there are also circumstances which would make the amount excessive. A second opinion would not hurt.

Posted

You should consult with an family law attorney. Immigration status does not influence a person's ability to collect maintenance. Whether the wife is entitled to maintenance is the question you must ask to the family law attorney. Good luck!

Posted

Just like a medical opinion, if you are unhappy with the results of one attorney's opinion, it does not hurt to get another opinion or view of your situation. However, without knowing more facts than are shared in this simple Q&A forum, you should seek good legal advise. Your current attorney may be correct that your father may need to pay maintenance. However, without meeting your father and knowing more about his situation, it is difficult to say if this advice is correct.

Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.

Posted

If the marriage lasts for less than 1 year I would think the likelihood of a maintenance award would be relatively low, but it is totally up to the judge. Even if maintenance is awarded (which again I think is pretty unreasonable given the length of the marriage), the duration of the award should be very short.

Posted

Consult with an attorney, licensed in your jurisdiction, who is experienced in this area of law. Many lawyers, in a majority of jurisdictions, provide free initial consultations; see if there are any in your area.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

Posted

The position articulated by the lawyer is absurd. There is a plethora of case law that directly contradicts the provision of maintenance in such a brief marriage.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I LOVE the plethora expression. Very impressive.

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