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Postnuptial agreement

Discussion in 'Division of Marital Property' started by cmh., Jun 16, 2019.

  1. Highwayman

    Highwayman Well-Known Member

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    Her country of citizenship is irrelevant.
     
  2. cmh.

    cmh. Law Topic Starter New Member

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    To last 2 replies, according to a source "The method for serving your spouse with your divorce papers outside of the United States will depend largely on the laws of his country. Treaty laws with your spouse’s country might also apply. The U.S. Department of State is also able to provide you with this information."

    So according to said source at least serving procedure may differ. Will need to cross-check and verify this though.
     
  3. Zigner

    Zigner Well-Known Member

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    According to "a source" - really? WHAT source?

    You DO understand that there are methods of service available in the good old U S of A that can be utilized, right?
     
  4. army judge

    army judge Super Moderator

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    Normally once a letter of support for an immigrant petition has been adjudicated in support of the immigrant's petition, there are very few ways for you to get off the support hook. You are stuck with that responsibility for decades, UNLESS your situation involves one of the few exceptions.

    The fact that the person has absconded to another country MIGHT serve to be useful as you seek your remedy.

    I suggest you take a little time, STOP seeking FREE information and attempting to DIY and speak with a couple of EXPERIENCED immigration attorneys.

    You just might discover that a certain person has made what you desire POSSIBLE for you to receive by voluntarily absenting herself from the USA.
     
    Red Kayak likes this.
  5. cmh.

    cmh. Law Topic Starter New Member

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    The source is at the link that was removed by mods in this and another forum. A legal info site. Like I said when I have time I'll cross-check/verify as I don't know if it's accurate yet.

    Not sure if you're referring to the affidavit but that was pending and has been withdrawn. She left the USA without advance parole so abandoned the green card app. I sent withdrawal letters and received petition cancellation confirmations. Indefinite support shouldn't be an issue.

    And I'll definitely seek divorce attorneys. They're not as readily available on the weekend. I'm making a head start and accepting additional avenues to receive info. I'll gradually collate everything I gather and make more informed decisions from that.
     
    Last edited: Sep 14, 2019
  6. cmh.

    cmh. Law Topic Starter New Member

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    typo *acquired most of my assets before marriage
     
  7. Red Kayak

    Red Kayak Active Member

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    You are filing for divorce in New York state. You have legal standing to file for divorce in New York state.

    What matters are the laws of New York state.

    If by New York standards you have fulfilled the requirements of service, then that is all that is needed.

    The commercial site you tried to link to was just trying to hedge their bets.
     
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  8. cmh.

    cmh. Law Topic Starter New Member

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    I am now using a law firm for my divorce. Firm emailed Summons and Complaint and Affidavit of Defendant to wife and I instructed her and her parents that they would have to get it notarized at their local consulate, but she did not want to do this, saying she wanted to go for a divorce by publication, which shouldn't be used since I know where she lives (and it would take way longer and be more costly). So now I have hired a process server company who have process sever contacts in India, but one of the forms they require is a certified copy of the Summons and Complaint. They report that an attorney certification would not be accepted (would result in an affidavit of non-service) and they require it to be certified at the clerk instead. But it appears that's not doable now as the NYC court/clerk is closed due to COVID. Am keeping an eye on things and am hoping a reopening will occur soon. Anyway the ideal plan at this stage is since my wife has been aversive to signing anything lately, when she is served by the process server she will not respond and then I can divorce her by default (I may remind her and her parents of this method after I can verify she has been served).
     
  9. army judge

    army judge Super Moderator

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    I suggest you allow the law firm you hired to represent you.
    You hired them, paid them, to work for you.

    You need to stay in communication with them and be patient.

    You do yourself a great disservice by communicating DIRECTLY with your adversary and her parents.

    Do you remember the old saw, "too many cooks spoil the broth"?
     
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  10. cmh.

    cmh. Law Topic Starter New Member

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    That's a good point. The firm is representing me through the process service too but I should extend this to any communication with my wife and her parents, beyond simply telling them they can contact the firm with any questions or concerns. Thank you!
     
  11. army judge

    army judge Super Moderator

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    You're welcome.

    Communicating with your adversary can often end up harming you.
    In some cases your adversary will lie about what you've been saying, causing your case to be delayed, if not destroyed.

    If you want to say something to one of them, speak with your lawyer about it first.
    Most of the time your lawyer will tell you that what you wish to say isn't necessary to be said.

    Good luck, and good on you for wising up to the fact that you needed a professional to assist you with obtaining your freedom.
     
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  12. Red Kayak

    Red Kayak Active Member

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    Yes. Yes, you should limit your communications that much.

    At a certain point, it is of no use communicating with the other party.
    1) Your lawyers are handling the legalities.
    2) If the other party were reasonable, you wouldn't need a lawyer.

    I speak with the voice of experience: no sane communication from you is going to be understood by the other party as such. Let the other party tie their own noose, if that is their desire; a divorce by default would benefit you.
     
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  13. cmh.

    cmh. Law Topic Starter New Member

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    I've got to the stage in the divorce where nothing seems to be happening… No reply from the foreign Central Authority on the status of my papers since they were delivered last year despite multiple follow-ups. So after a recommended waiting period since the papers were delivered overseas, I requested my process server company and attorneys to start the divorce by publication route. The former finished their part in a few weeks and I didn't even have to pay them for it.

    Meanwhile my attorneys, based on the latest invoice I received which showed their activities, had worked 0 hours on it since my request several weeks prior, and I have yet to receive an update after following up. This is not the first time this has happened. Last year, for example, also based on what I could see in the corresponding invoice which shows a log of both billable and non-billable activities, a month went by with no work from them until I followed up after which activity magically resumed.

    I assume switching to a different law group would waste more time than chasing my current law group? The group I'm currently dealing with has really good reviews on Google, Yelp, etc with much attesting to their expediency, which unfortunately is not what I've recently experienced.

    I'll follow up with them again and again as needed, but meanwhile any advice on getting my lawyers to respond to and work on my case in a timely manner, or something else I should consider if they continue to be unresponsive, would be much appreciated. Thank you.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I'm surprised no one has responded to your post. Have you contacted by phone, email, or carrier pigeon and asked them why there has been no movement on your case?
     
  15. justblue

    justblue Well-Known Member

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    I'm not, considering the px hx down the street.
     
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  16. cmh.

    cmh. Law Topic Starter New Member

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    After following up the case was transferred to another lawyer. I'll assume the original lawyer may have been too busy. The second lawyer found an issue with the Hague Convention's waiting period rule with respect to India and decided we should file a motion to allow us to serve by social media. Hope it works.
     
  17. army judge

    army judge Super Moderator

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    Great news, your lawyer is executing her/his lawyerly duties in a professional manner.

    Remember, the "plague" seems to have negatively impacted everything, even the legal system.
     

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