Will I be able to file for divorce and ask for alimony if I have no money and my husband and his son abused me emotionally?

Asked over 2 years ago - Colorado Springs, CO

Hello, I am a permanent resident.

I married my husband 4 years ago and he petitioned me on a fiancee visa in good faith.
He brought me to the States with the promise of getting married in the church later on and to have children.

While there, he used silent treatment, broke up his promises of church marriage and children, said I had physical imperfections. Discriminated me by taking me to work with no payment while he used to pay his son. Said my opinions were stupid. Passed me an illness.

He has a 23 year old son who is a felon and I got to deal with the police while there. His son likes guns and knives and does not like me. I got really scared.

I left the household and went back to my country of birth, travelling back and forth to see if we can work it out but he wants divorce.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am very sorry to hear this. You deserve child support if you are supporting minor children and depending upon the financials you may be entitled to spousal support. Check with a local lawyer or the court for help. Take care and I hope that things work out.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. James C Underhill Jr.

    Contributor Level 14

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    Lawyers agree

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    Answered . Hi,

    I am sorry to hear your story. However, you have several rights. First, you can file for divorce. Second you can ask for maintenance. Maintenance is not normally provided in the first 5 years of marriage, but there are exceptions based on the facts. Here, if you made you work for no pay, that might persuade a judge to award maintenance.

    As for domestic abuse. If you are touched by either your husband or his son, call 911 and report the assault. The person will get arrested. Moreover, if the son is being threatening, when you call the police be sure to tell them that he is possession of guns. A felon is not permitted to possess or use firearms.

    You do not have to go back to the husband's house. It does not sound as if you had any children with your husband -- however, if you did you will probably receive child support as well.

    Like many attorneys we will sit down and review your situation with you without charge.

    Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

    By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. For example, some attorneys will prepare letters for you to sign, legal documents, or sell the paperwork for the court filings; then you can proceed on your own, but knowing that your paperwork is correct and having a road map as to how to proceed. Or who will attend a hearing for a flat fee even if they are not handling the whole case. Neighborhood Law Office is such a firm.

    At Neighborhood Law Office we never charge for an initial consultation, and at that meeting we can go through your specific facts and give you options. Please call us anytime for an appointment.

    Thanks, Jim

    Jim Underhill
    Neighborhood Law Office
    7225 E. Hampden Ave.
    Denver, CO 80224
    303-302-1000
    303-302-1001 fax
    jim@NeighborhoodLawOffice.com
    www.NeighborhoodLawOffice.com

    NOTICE— This answer is based upon a partial understanding of the facts and may not be relied upon as legal... more
  3. Beth Padilla

    Contributor Level 9

    3

    Lawyers agree

    Answered . I agree with my colleagues that you have rights and I am very sorry to hear that this has happened. You have the right to file for divorce, but you need to be in Colorado to do so. You mentioned that you are travelling back and forth between your birth country and Colorado. Of course you may do this, but you should speak with an immigration attorney to ensure that you are not out of the United States for so long that the United States government will consider you to have abandoned your green card. If you abandon your green card, you will not have legal status in the U.S. and you may not be able to return to file for divorce. In addition, you must meet certain requirements to file for divorce in Colorado.

    You should contact an experienced attorney that understands the family law and immigration law issues that you are facing.

    This response is intended to provide general information and an attorney-client relationship has not been formed... more
  4. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . If you are married, you have the right to dissolve your marriage. You also have a chance to receove spousal maintenance (what you have called alimony), but it is never automatic. If you want to know about the factors that go into a maintenance determiantion, take a look at C.R.S. Section 14-10-114.

    I wish you luck!

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