The other attorney answers are on target. The only issue may be for your wife if you filed the petition for her residency based upon the marriage. The length of time the two of you were married is important, although the fact that you and she presumably had a child together should defeat any idea of there have been fraud in the marriage for purposes of establishing residency.
DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.
The divorce process is not necessarily altered in any significant way as a result of your wife's immigration status. As long as you have been a resident of New Jersey for the past year and your wife has similar ties to New Jersey, New Jersey will have jurisdiction to address your divorce matter.
Issues of setting alimony and child support require more facts and information than you have provided, although if your annual income is truly only $27,000 a year your exposure to having a significant alimony obligation will surely be minimal.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
I agree with the prior response. You appear to have jurisdiction in New Jersey and there is not enough info for us to know amounts for child support or alimony. There are many factors that go into these financial calculations and alimony is particularly tricky since it is not an exact formula. There may also be an immigration issue if you are indicating that your wife is not a permanent resident, because many times folks her illegally apply for their permanent residence through their marriage. Clearly, if you are divorcing, she can no longer use or rely upon you to become legal. If you can find a decent divorce lawyer in your area who also handles immigration issues, that may be your best bet. Best of luck to you.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.