Divorce on H4 spousal visa

[sadboy]

Dear Socrateaser,
A couple of monts back I had written to you about I being on work visa H1B and my spouse being on H4 visa (dependent).
We were together (married in India) for 1 year and 5 months and she left for India , she reentered the USA a couple of weeks back , I had no idea about her entry.
She is staying with some one I dont know.She filed for legal separation in CA since she was not present in the country and cannot file for dissolution.
He H4-visa expires in August.

Here are my questions
1) Will she be able to assert her rights in the US since we were married in India?

2) Will I have to pay temporary spousal support since she has shown her income as 0?
     If yes for how long?( I guess its going to be for one half of the length of marraige)
    Whats the difference between temporary and permanent spousal support?

She is not able to work since she is on a dependant visa but she has completed her masters in finance in India.
3) Will the court allow her to sit idle and I just pay her spousal support. Like this she can be here and just do nothing but get money and sit back and relax.
She can work provided she changes her visa status.
How ever she could say that a job is difficult to obtain since she has to change her visa status.
In short can she assert the court that she cannot work at all and I am liable to all her expenses.How can I fight that?

3) She is claiming the marraige for a period of 2 years and 5 months and not 1 year and 5 months. we were physically separated after 1 year 5 months.
How does one prove that the marriage was for a lesser period?

4) Is it possible to extend the date of the court for a longer period ( extend it till August end) so that she will have to leave the country and go back to India and then I can fight my divorce case back there.

5) Is it necessary for her to stay in the country for the next six months so that the dissolution comes through?
Or can she reneter the country just to sign the papers if I file for dissolution i.e. Can one party be present in CA whereas the other one need not be?

6) If she has to to leave the country in August in case she is not able to change her status will she be still entitled to spousal support, since she may return to a different country and work there?



Thanks,
Sadboy

[socrateaser]

>Here are my questions
>1) Will she be able to assert her rights in the US since we
>were married in India?

Yes
>
>2) Will I have to pay temporary spousal support since she has
>shown her income as 0?

Probably.

>     If yes for how long?( I guess its going to be for one
>half of the length of marraige)

Only the judge knows for sure, but 1/2 the length of the marriage is typical. However, the court can retain jurisdiction to extend the time ordered in the judgment.


>    Whats the difference between temporary and permanent
>spousal support?

Temporary support is almost entirely up to the discretion of the court as to amount, while post-judgment support must be set to maintain the supported spouse at the standard of living established during the marriage, unless doing so would render the supporting spouse insolvent.

>3) Will the court allow her to sit idle and I just pay her
>spousal support. Like this she can be here and just do nothing
>but get money and sit back and relax.

Federal law controls employment for foreigners. The CA family court can only act within the scope of its authority. So, if your wife is not permitted to work and you are obligated to pay support, then you will pay based on her income set at $0.

>How can I fight that?

You can show that she has the capacity to work if she applies for a different visa and ask the court to order her to apply.
>
>3) She is claiming the marraige for a period of 2 years and 5
>months and not 1 year and 5 months. we were physically
>separated after 1 year 5 months.
>How does one prove that the marriage was for a lesser period?

Sometimes that is very hard to do. You need to choose the date that you can prove, such as the date that she left the country for India. Or, perhaps you can show that her mail was being forwarded by the Post Office to a different address.

>
>4) Is it possible to extend the date of the court for a longer
>period ( extend it till August end) so that she will have to
>leave the country and go back to India and then I can fight my
>divorce case back there.

Can you stall? You can try, but if the judge discovers your reason for stalling, you could find yourself looking at a lawsuit for abuse of legal process. Talk to your lawyer.

>
>5) Is it necessary for her to stay in the country for the next
>six months so that the dissolution comes through?
>Or can she reneter the country just to sign the papers if I
>file for dissolution i.e. Can one party be present in CA
>whereas the other one need not be?

As long as one of the spouses has been a resident of CA for six months, the court has jurisdiction to issue a judgment of divorce. So, whether your spouse is in CA or not is irrelevant, because YOU have been a resident for more than six months.

>
>6) If she has to to leave the country in August in case she is
>not able to change her status will she be still entitled to
>spousal support, since she may return to a different country
>and work there?

If she gets a judgment for spousal support, then she can enforce it from wherever she lives, as long as she can retain an attorney to bring you into court.