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divorce (wife admit she married me for a green card)

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  • divorce (wife admit she married me for a green card)

    In the state of Wisconsin I understand its a no fault state for divorce but what if a wife leaves goes back to country of origin and comes back a year later. What is likely to happen, would she still get 1/2 of marital assets. She has done nothing but ask for material things from the home and said would settle for a monetary settlement from me. She did admit she married me for a green card but is any of this relevant due to the no fault laws?

  • #2
    Re: divorce (wife admit she married me for a green card)

    No fault divorce is a divorce for dissolution of marriage that does not require showing of wrong-doing of either party to the marriage. Further in case of no fault divorce previous wrongs are not taken into consideration. No fault rules of Wisconsin have been derived from not just allowing no-reason divorce, but they also provide for no-blame in division of property. Hence, even if your spouse married for green card it does not bar for having equal distribution of marital property. Further, in case you have agreed for settlement amount then that agreement can be enforced.

    AFF

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    • #3
      Re: divorce (wife admit she married me for a green card)

      Yes. She committed what is called collusion, in which there was an ulterior motive for marrying you. You should bring that up to the courts.

      Unfortunately, if you remained legally married while she was away, she is still entitled to marital property. Sometimes it's best to pay these types of people what they want simply to get rid of them and out of your life. The price is sometimes well worth it.

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      • #4
        Re: divorce (wife admit she married me for a green card)

        I understand the no fault divorce however would it be likely that she be given the equal split of property even if there is a written letter that says she only stayed til permanent greencard was issued? Considering I put up money for deposit on the home which I have proof of and i have a minor dependent child (not hers) that resides in my home? Also what is it likely she would she get half of 401k amount that was at the time she left the country or would she get half of current value?

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