Can I get Allimony?

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Married2DrEvil

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I married my Wife when she was an illegal from the Philippines residing in the U.S. (California). She has an M.D (Medicine/Doctor) and P.H.D (Psychiatry) from the Philippines I married her in 2006 when she was still illegally in the U.S. Not long after she received her green card through immigration. I supported her for 2 years and helped her get an internship at a large Hospital in L.A. She did not work at all for the first two years of our marriage and everything was paid for by me. After she finished her internship she applied at several Hospitals throughout L.A and California. She ended up matching with one and was employed as a resident psychiatrist in 2008, she has been with this hospital ever since and is soon to finish residency. Upon receiving her Medical Card making her an official Dr. here in the U.S, she informed me she wanted a divorce. She moved out two weeks later. She has two major job offers on the table currently, both which would gross her roughly $200.000.00 a year or roughly $22,000.00 a month. I am unsure if she has taken either of these positions as of now but regardless she will be making a substantial amount of money.

I was laid of from my job prior to her asking me for a divorce. I was unable to afford the rent for our apartment and all of the bills she stuck me with upon her making a quick exit. I now reside in Cambodia and am teaching English part time.
She is asking me for a Summary Dissolution, this is a portion of the email I just received from her in her words (Cut and Pasted from original email from her)

(My wife's email to me) We can do it the simple way, called a Summary Dissolution which I guess is something like filing jointly. But I think it takes longer to get a judgment because if the waiting period, and we both need to put in work at each step of the way. The other and probably even simpler way (not much work for you) is I can just file the petition myself. We can talk about how to divide debt and property, but that should be relatively straightforward since we don't have much of either, and whatever we agree on I will incorporate into the petition that I will file. Then after you are served the papers (I will need a current mailing/residence address), all you have to do is literally nothing -- meaning you don't respond so that it simply becomes an uncontested or Default divorce.

My question: I spoke with an attorney in California prior to leaving to Cambodia, she stated I am entitled to half of my wife's monthly income due to the fact that she could not have become a doctor in the U.S if I had not married her. She would have had to leave the country as she was here illegally. Is this the consensus in this forum that I am entitled to a portion if not half of her monthly salary or income?

I do not have the money to return to the U.S to fight her in court, how should I proceed from here in Cambodia. Do I have a legitimate case for receiving any money from her.

P.S. All the property and possessions we owned were purchased by myself and none by my wife.

Thank you for your help
 
I married my Wife when she was an illegal from the Philippines residing in the U.S. (California). She has an M.D (Medicine/Doctor) and P.H.D (Psychiatry) from the Philippines I married her in 2006 when she was still illegally in the U.S. Not long after she received her green card through immigration. I supported her for 2 years and helped her get an internship at a large Hospital in L.A. She did not work at all for the first two years of our marriage and everything was paid for by me. After she finished her internship she applied at several Hospitals throughout L.A and California. She ended up matching with one and was employed as a resident psychiatrist in 2008, she has been with this hospital ever since and is soon to finish residency. Upon receiving her Medical Card making her an official Dr. here in the U.S, she informed me she wanted a divorce. She moved out two weeks later. She has two major job offers on the table currently, both which would gross her roughly $200.000.00 a year or roughly $22,000.00 a month. I am unsure if she has taken either of these positions as of now but regardless she will be making a substantial amount of money.

I was laid of from my job prior to her asking me for a divorce. I was unable to afford the rent for our apartment and all of the bills she stuck me with upon her making a quick exit. I now reside in Cambodia and am teaching English part time.
She is asking me for a Summary Dissolution, this is a portion of the email I just received from her in her words (Cut and Pasted from original email from her)

(My wife's email to me) We can do it the simple way, called a Summary Dissolution which I guess is something like filing jointly. But I think it takes longer to get a judgment because if the waiting period, and we both need to put in work at each step of the way. The other and probably even simpler way (not much work for you) is I can just file the petition myself. We can talk about how to divide debt and property, but that should be relatively straightforward since we don't have much of either, and whatever we agree on I will incorporate into the petition that I will file. Then after you are served the papers (I will need a current mailing/residence address), all you have to do is literally nothing -- meaning you don't respond so that it simply becomes an uncontested or Default divorce.

My question: I spoke with an attorney in California prior to leaving to Cambodia, she stated I am entitled to half of my wife's monthly income due to the fact that she could not have become a doctor in the U.S if I had not married her. She would have had to leave the country as she was here illegally. Is this the consensus in this forum that I am entitled to a portion if not half of her monthly salary or income?

I do not have the money to return to the U.S to fight her in court, how should I proceed from here in Cambodia. Do I have a legitimate case for receiving any money from her.

P.S. All the property and possessions we owned were purchased by myself and none by my wife.

Thank you for your help


..I have no idea why the "attorney" told you that, but the "attorney" is absolutely incorrect.
 
And?

Can you elaborate at all then? If my attorney was absolutely incorrect then are you saying I am not entitled to anything. The fact that she was Illegal and could not have become a doctor if I had not married her and would have had to leave the U.S means nothing. I was informed by this attorney that in Ca. the laws are very clear when it comes to citizenship issues such as this one and how it pertains to a divorce settlement. If you are an attorney in Ca. and you know otherwise then please let me know.

Thanks!
 
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I did not say you weren't entitled to anything. But you certainly wouldn't get 50% of her earnings and anything you did get would be very short term - CA is generally (when it is ordered) 1.5 years of support for every 3 years you were married.

And this has no bearing whatsoever on her legal residency or citizenship. I would, if I were you, ask this attorney what laws he is referring to. She doesn't "owe" you because you sponsored her residency. The fact is, she is now a legal resident. The rest is irrelevant.

If anything - and you're REALLY not going to like this part - if she stops working YOU are, if you signed the I-864, liable to support HER.

It is also complicated by the fact that you no longer reside in the US.

In all honesty, I think it may be wisest for you to simply go with the no-fault divorce and move on with your life.

I am not an attorney. I do, however, have a lot of experience with immigration and divorce matters.

(I'm an immigrant myself who married a US citizen and then subsequently divorced)
 
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