Asked about 1 year ago - Atlanta, GAFlag
I got married with my wife in Vietnam back in 2010. In 2011, She came to the US with a 2 years permanent visa( Conditional permanent visa) with Vietnam passort. She was 7 months pregnant when she came to the US. Now our baby is almost 10 months old. We had a lot of issue since then, do I need to file a divorce if we decide not to live together and do i need to pay for child support? If i do need to file a divorce, do i need to file it in the US or go back to Vietnam to do it?
Georgia recognizes foreign marriages, and, if you live here, the divorce happens here.
Child support, visitation and custody have to be decided in every divorce with children. As for how simple or complex this will be, it depends mostly on whether the two of you agree.
If you decide to proceed, feel free to call me with details at 404-768-3509 as I need more information to fully answer you..
Assuming your marriage in Vietnam was such that it would be legally recognized in this country (e.g., certain procedures followed, etc.) as a "marriage," then obtaining a divorce in this country should probably be OK. However, as there are immigration issues with your wife, that aspect would need to be discussed with an immigration atty.
Insofar as divorce is concerned, and whether you need to pay child support, if you believe the two of you can no longer live together as husband and wife within reason, maybe divorce is in your best interests (but I would rather not say one way or the other). Child support is ordinarily required to be paid only by the parent who is the "non-custodial" parent (i.e., the parent who ordinarily has the child less than 50% of the time). In Ga, there are Child Support Guidelines and a Child Support Worksheet calculator that is established by the Georgia Child Support Commission. In the event you decide to proceed with divorce, I advise that you hire a family law attorney, and possibly also discuss immigration issues with them. Good luck.
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