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I met my wife and 5 months later we were married. I married her because I loved her, and she claimed to love me as well. I knew about her illegal immigration status one month after meeting her, so we married quickly in order to adjust her status. ...
If you believe you are the victim of marriage fraud you may qualify for an annulment. In order to qualify for an annulment you have to prove the marriage was induced by fraud (your scenario seems to fit) AND that the marriage was never consummated (you did not have sex with her after the marriage ceremony). If you meet both of those requirements, you can get your marriage annulled. If you did sleep together after the marriage took place then you will have to file for divorce.
As to her immigration status, I would need more information on where she is in the process....The general rule is that divorce terminates a conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and the alien was not at fault for his failure to file the joint petition to remove the condition. Generally speaking, if the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that she was not at fault for failing to file a joint petition.
If you have any questions regarding annulments or divorce, please feel free to call me at 407-838-0887.
just found out the first set of divorce papers were a court minute.Didn't find out until 2011 that I wasnt divorced until208 .Does that make my marriasge void
Hello, I am a family law attorney in Florida - Please note this is general information only, not legal advice as I am not a licensed attorney in the state of Arkansas. If you were still legally married to your first husband at the time you married your second husband, then your marriage to your second husband is void.See question
-te, I am filing for custody in florida. The father currently has no time-sharing, and I have temp custody. Should i file the supervised plan, or the long-distance plan? Thanks.
You have not provided nearly enough information to fully advise you on which parenting plan you should submit. I would highly recomend setting an office conference with an attorney to fully discuss your case so that you can have a better understanding of which one is best for you to file.See question
If my soon to be ex agreed to an amount for child support in mediation, will the final hearing produce any sort of change? In other words can she ask for more, and how likely will the judge be to approve it?
It is possible the judge could modify the child support amount at the final hearing. The only way for the judge to modify it, would be that the amount of support agreed on is more or less than what the child support guidelines say child support should be. Florida courts must use the child support guidelines to calculate the child support each parent must provide. Although Florida's family law judges can deviate from the guideline amounts, judges must provide written justification for any deviation -- downward or upward.
So, if the amount you agreed upon in mediation deviates from the guidelines amount, the judge could order the guidelines amount instead.
i am court ordered to pay $242 a month in child support and to get my son every other weekend, the summer, and select holidays for my son from a previous marriage. i just paid $400 because i just got a new job and knew i was a little behind. i pic...
I agree with attorney Bachart. I would also get in writing, via email or text, from her stating you cant see your son. Also, if she refuses to allow you to pick up the child, call the police. They will probably not force her to turn the child over, but they will fill out an incident report and the responding officers can be subpoened to testify that she refused timesharing.See question
My ex-husband has petitioned the courts to modify time-sharing with our 16 year old son. He is currently $20,000 behind in child support which is why he decided to file this. I have been researching quite a bit and have found some information in ...
To fully answer your queston, you would need to provide more information. Specifically when was he arrested and convicted of Domestic Violence? Was it before or after the divorce. If it was before the Final Judgment. If they were prior to the Final Judgment, then it is probably not relevant, as the legal standard for a modifcation of timesharing is a showing of a substantial change of circumstances since the entry of the Final Judgement.See question
to the other party and they have never paid. Since they did not pay their share, and the fact the child support has become to much, I was forced to file bankruptcy. Can I still take them to court to recover their portion of the money owed?
Yes, medical bills are considered a form of child support, therefore you can file a Motion for Contempt/Enforcemnet.See question
A support payment is due, but no case has been set up in Tallahassee, what do I do with the payment?
I am guessing that the order adopting the stipulation has not been signed by the judge yet. If you pay your ex directly, you may not get credit for they payment. I would hold on to the money and send all payments (including the past due ones) directly to Tallahassee as soon as the case is set up.See question
I'm in the process thru the Family Courts..My son's Mom has an Attorney who sent me a document requesting Indigent status for her client and request I pay for her fee's...I reviewed the law for Indigent status....Based on this, should the courts ...
I agree with attorney Morcroft. These are two sepearte issues. As for you paying her attorneys fees, the mom will have to prove to the court that she has a need for you to pay her fees and that you have the ability to do so.See question
My ex and I have ROFR in our divorce decree. Our kids spend one week with him (dad) and one week with me mom. I am off every Thursday, and I want to get my kids from school on these days and have them stay with me until my ex gets out of wotk whic...
Depending on the wording of your Right of First Refusal and the number of hours it is for, you may need to file a Motion to Enforce Final Judgment. I would speak to an experienced family law attorney to review your Final Judgment before filing.See question