Legal Question in Family Law in Hawaii

Re: legal separation vs. divorce for resident alien / U.S. citizen couple

The fact that you are a German citizen has no particular significance in U.S. courts, at least when it comes to separation and divorce. The U.S. courts look primarily to residency to determine the issue of matrimonial jurisdiction. Your question does not state where your husband is living. The courts of Hawaii will have jurisdiction to grant a divorce if you have lived there for several years but I would need more facts to determine whether Hawaii was the appropriate place for jurisdiction concerning financial and other issues.

Jeeremy Morley

Morley and Trager

230 Park Avenue

New York, NY 10169

www.international-divorce.com

888-393-1923

Re: legal separation vs. divorce for resident alien / U.S. citizen couple

So long as your permanent residency is established -- meaning you have fulfilled all application requirements with the INS - filing petition for removal of conditional permanent resident status, etc., a legal divorce would be the only true way to sever liability for you Husband's debts and obligations. Legal separation leaves too much for interpretation by the courts. Additionally, removing yourself from all joint accounts and credit cards is advisable. Feel free to call @ (808) 526-0892 if you have any further questions.