Q: Divorce with American husband we lived in Russia without permanent residence now I am in USA . I am file VAWA here .
I am married to an American, I am from Belarus, and we lived in Russia. Now I am in America. He works online for an American company, and we paid taxes as a married couple. I did not work, so he received refunds and the money went into his accounts during our marriage. I left him and came to America, and I applied for Vawa. Do I have the right to spousal support and the money that came during our marriage? Will the fact that I applied for Vawa help me in the division of property? He filed for divorce in Russia and they are looking for me as if I have disappeared, in order to obtain a unilateral divorce. Should I write to him everywhere to make it easier for me to contest the divorce? And Russia is not our jurisdiction.
I understand that you are in a difficult situation. I am not a lawyer, but I can offer some general advice. You may need to consult with an attorney who specializes in international divorces and immigration issues. They will be ab
A:
Under California law, during a divorce, you may be entitled to spousal support based on various factors, including the length of the marriage, your needs, and your spouse's ability to pay. As for the tax refunds received during the marriage, these are generally considered community property and could be subject to division upon divorce. Filing for VAWA (Violence Against Women Act) can potentially impact your divorce, particularly regarding your immigration status and could influence the court's decisions on matters of support and protection.
While your husband’s filing for divorce in Russia adds complexity, it is crucial to seek legal representation in the United States to protect your rights under U.S. law. Communicating with your husband regarding the divorce may be advisable, but it is essential to do so under the guidance of your lawyer to ensure it does not adversely affect your case. If Russia is not the jurisdiction for your marriage and you are now in the United States, it is possible to contest the Russian divorce proceedings and instead pursue the matter in the U.S. courts. It would be beneficial to discuss your situation with a lawyer who can guide you based on the specifics of your case and help you navigate the intersection of family law and immigration issues.
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