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A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between spouses returning both parties to single status with the ability to remarry.
If a spouse will face hardships without financial support, spousal support should be considered. The deciding factor for spousal support is the need to maintain the spouse at his or her marital living standard. In other words, the law recognizes a husband or wife should not be forced to live at a level below that enjoyed during the marriage.
However, other factors also need to be considered. For example, spousal support should most likely not be considered if:
- The marriage was for a short duration (less than two or three years), and
- Both spouses are employed and self-sufficient
- This does not mean the parties cannot agree on spousal support
There is no firm dollar figure used to calculate spousal support. The amount should be decided by both parties.
During the period between the judge’s order and the expiration of the waiting period, any action taken by either spouse is a separate act. In short, these decisions will no longer effect community property.
Of course, if a divorce cannot be resolved agreeably and requires litigation or a trial, it could take longer than six months to finalize.
Disputes regarding the division of property, child custody, spousal support or any other terms of the divorce do not automatically require court intervention. In many cases, they can be resolved through arbitration, mediation or third-party negotiation (such as an attorney).
Determining a claim for spousal support involves two steps:
- The court must first determine whether either party is barred from receiving support because of adultery or another fault ground.
- If there is no bar to an award of support, the court must weigh the relative needs and abilities of the parties, taking into consideration numerous factors.
- You are the victim of qualifying criminal activity.
- You have suffered substantial physical or mental abuse as a result.
- You have information about the criminal activity.
- You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
- You are admissible to the United States. If you are not admissible, you may apply for a waiver.
You have incurred illegal presence, entered without inspection, criminal records, misrepresentation/fraud to immigration, and etc., you may obtain a 601 or 601a waiver to waive your inadmissibility after your immediate relatives who are US Citizens petitioned Permanent Residency for you.
You may be eligible for Asylum if:
- You came to the United States because you have suffered persecution or fear that you will suffer persecution.
- You will be able to apply for Work Authorization 150 days after you filed your Asylum application.
- You have to file Asylum within One Year of your entrance unless certain exceptions have been met.