Legal Question in Family Law in Massachusetts
My husband is abusive,he cheated,and we are currently separated. He recently bought a pizza place and I am dependent on him financially. I want to divorce him and am waiting 4 months to fill so he at least can become a citizen. I fear hes just waiting down a clock with me now. He may be hiding assets and im finacially dependent on him. What do I do I want a divorce. There are police reports of his abuse. what am i entitled to in the divorce and how do i pay for the services needed.
3 Answers from Attorneys
This is a very delicate situation, and if you think he's hiding assets, filing a complaint for divorce and having him served would result in an automatic restraining order prohibiting either party from transferring assets. What you're entitled to depends on the specific facts of your case, which you'd have to go over with an attorney before you can get an accurate assessment.
You would be entitled to some percentage of a division, allocation of marital assets. You didn't mention if you have children with him. If so, and they are un-emancipated, there would be a child support order. You should have a consult with a Divorce Attorney.
You need to meet with a divorce attorney ASAP. While you may wait for him to become a citizen, the Immigration Authority may deem the marriage and his citizenship a sham. Not only could his citizenship be questioned but you might get in trouble as well.
If you meet with a divorce attorney, you might be able to work out a Post-Nuptial Agreement before you file and can avoid hiding of assets and creating more problems for him or yourself.
If you file now, you may torpedo his citizenship, but it will protect your interests now.
Please feel free to contact me.
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Asked 5/04/14, 2:46 pm in United States Massachusetts Family Law, Divorce, Child Custody and Adoption