How doI start the process of divorce and how doI get support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI start the process of divorce and how doI get support?
I’ve been married to a corrections officer for a year. He has cheated and lied to me several times; he has at times been very abusive. I’m Brazilian and I’m at the end of the process to get my residence card. I don’t have a job or a place to live. Do I get any money for him for my support? Do I get his pension? I want everything that I can legally get for all the stress I suffered. How should I proceed? Also, I was an student with a visa and I lost it because of the marriage. If I divorce him now, am I still getting my green card?
Asked on February 1, 2011 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. I can also understand your feelings of anger and betrayal. The most important thing here is to make sure that you are safe and your statement that he is abusive is unsettling. The best thing for you to do is to go and seek help from an attorney both on the immigration issue and the matrimonial issue. Try legal aid as you may qualify one you leave him. You need to have some plan here as to where you will go. Do you have any friends that you can turn to? I have to tell you that I am concerned about the green card status once you leave. Also, having no job is not a plus. As for what you are entitled to once you get divorced, being that the marriage has been short in duration- one year - it my not entitle you to his pension or long term support. New Jersey is an equitable distribution state meaning that the distribution of marital assets is equitable based upon various factors, length of marriage being one of them. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.