Wife Needs Green Card - Will Not Accept Divorce

[diesel5599]

I have been married for about 2yrs to a foreign national and separated for 7 months. Although FL does not recognize legal separation we have been living separately for 7 months but we are still married.

She needs to stay married to keep her American citizenship so she is refusing to sign any divorce paperwork whatsoever. I had planned on going the uncontested route and file all of the paperwork myself but she is making that impossible.

So my questions are:

1) How fast could a divorce happen if she refuses to sign any paperwork and I get a lawyer? I'm saying best case scenario.

2) We lived in an apt when we were married, after I moved out I bought a house. Given the short duration of the marriage and the fact she has never lived in the house, will the house still contribute to the married standard of living that the judge considers?

3) I make over 4x what she makes, but she does have a job, and we are both in our low 30's. Is there still a chance the judge will award alimony to her? We have no kids, no joint accounts, no debts (only my mortgage and her rent), no medical problems, she has already taken all of her assets with her and I have done likewise.

4) Since she is not completely a US citizen, should I file something with Immigrations informing them that she is basically trying to force me to stay married to her so that she can get her green card? Doesn't this practically amount to extortion?

[Attorney Howard Iken]

1) How fast could a divorce happen if she refuses to sign any paperwork and I get a lawyer? I'm saying best case scenario.

Best case 5 months. Worst case 11 months.



2) We lived in an apt when we were married, after I moved out I bought a house. Given the short duration of the marriage and the fact she has never lived in the house, will the house still contribute to the married standard of living that the judge considers?

There is no "standard of living" consideration in a 2 year marriage because alimony will not be an issue.


3) I make over 4x what she makes, but she does have a job, and we are both in our low 30's. Is there still a chance the judge will award alimony to her? We have no kids, no joint accounts, no debts (only my mortgage and her rent), no medical problems, she has already taken all of her assets with her and I have done likewise.

There shouldn't be alimony. But if you sponsored her entry into the US and signed an "Affidavit of Support" - some lawyers may argue you consented to limited alimony.


4) Since she is not completely a US citizen, should I file something with Immigrations informing them that she is basically trying to force me to stay married to her so that she can get her green card? Doesn't this practically amount to extortion?

She cannot force you to stay married.


Attorney Howard Iken
Florida Divorce Attorneys