Permanent Resident Seeking Divorce from Old Grumpy Spouse

My question involves a child custody case from the State of: MI
My older husband and I have been married 10 years and have 2 beautiful kids. We have a prenup that states I get nothing in case of a divorce. We own a home together. I worked for a few years has been a full time mom since the kids were born. I have some savings.

My older husband has become so grumpy and critical and I have become very depressed in our marriage. He loves the kids but because of his age and lack of energy he is not able to care for them full time hence I am a stay at home mom.

I have been here 10 years as a permanent resident. My husband is a US citizen by birth.

Questions:
1. In case of a divorce will the court allow me to take our kids to my country where I can find a job to support myself and the kids?

2. I want to stay where the kids are. If the court orders the kids to remain in US how likely would it order my husband to provide for me regardless what the pre nup states? I feel that it is fair to expect him to financially support me untill I can find a job. I only met with the attorney once for about an hour to discuss the prenup because my then fiance said he didn't want to pay much for my attorney fees. I don't want to contest the prenup ( love this old man still) but curious if that would be a resonable ground??

3. Would the court allow the kids to spend more time with me if I can prove that their father doesn't have enough energy to care for them?

Thanks A LOT!

1. That depends upon the full facts, and the court's analysis of the facts.

2. That depends upon the full facts, and the court's analysis of the facts. You're not being realistic here - we know virtually nothing about your situation. If you choose not to contest the prenuptial agreement, it will remain in effect. Your lawyer presumably already advised you about the changes in your situation that might allow you to avoid the prenuptial agreement on the basis that it's no longer equitable to enforce it - your lawyer's answer should be a lot better than what we can offer given how little we know about the case.

3. What do you mean by "energy"? He has the "energy" of a grandparent? Lots of grandparents care for their grandchildren, sometimes on a full-time basis.

Let see if I understand you right.
If I don't contest the prenup the court will leave me in the hands of a welfare check if I am qualified for one.

"Energy of a grandparent'? No, grandparents have more energy than my older man. He has never taken the kids out anywhere on his own because he says he can't take care of them.
How likely will the court allow me to take the kids to my country since the old man can't take care of them by himself and I am not likely to find a decent job in this country?. Thanks

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Quoting unemployedmom

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Let see if I understand you right.
If I don't contest the prenup the court will leave me in the hands of a welfare check if I am qualified for one.

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Well, you can get a job. Some people seem to forget about that.

Quote:

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How likely will the court allow me to take the kids to my country since the old man can't take care of them by himself and I am not likely to find a decent job in this country?

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Probably unlikely if he opposes it. And if you haven't worked for years, why do you think you have a better chance of getting a "decent" job in your home country? You may have to start out low and work your way up - here or there.

Hmmm, so you are cheating on your husband and want to know how to take his kids and make him support you? Likely you will not be permitted to remove the kids from the state. Whether you can break the pre-nup can only be determined by a lawyer familiar with its contents.

[QUOTE=Michael44;586740]Well, you can get a job. Some people seem to forget about that.



Probably unlikely if he opposes it. And if you haven't worked for years, why do you think you have a better chance of getting a "decent" job in your home country? You may have to start out low and work your way up - here or there.[/QUOT

I am planning to get a job and I hope I find one before I even file for a divorce.

My parents own a business in my country and I used to work with them before I married the old man and migrated here. They say I can have my job back.

Then leave the kids and go home. Take your ummmm fiance. End of problem.

Did he sponsor your residency? Using the I-864 affidavit of support?

I don't remember what form we used but I came here on a fiance visa and yes, he sponsored that.

Okay.

What you need to do is speak with a local attorney, and one who is familiar with sponsorship.

Sponsored immigrants can sue their sponsors for support under the terms of the I-864. You will need your attorney to look at things like this .

Now, some might suggest that a prenup can be used to mitigate the damages - but there's a problem. The I-864 is a contract between the sponsor and the US government, and the US government is certainly not a party to the prenup - therefore it could, I imagine, be argued that the sponsorship agreement trumps the prenup (plus, the prenup would likely be deemed as being against public policy in a situation like this).

The sponsor's obligation to provide support to the immigrant does not end upon divorce; it ends only when one of these conditions have been met:

1. You naturalize (become a citizen)
2. You abandon your permanent residency (leave the country permanently)
3. You earn 40 qualifying social security quarters (work approx. 10 years)
4. You die.

So yes - it is entirely possible that even with a prenup, you CAN get financial support from your husband.