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Can I file a Dissolution of marriage a week before our 5 year anniversary?
So my husband and I would like to get Divorced, it's almost been five years and we want it to be easy. Only problem is he has a court hearing on December 21st for his citizenship, If I was to file a week or two before (our Anniversary is Dec 14th) can we still do a Dissolution since it's just prior to our 5 year anniversary and would the courts have this info by the court date as well. One of the main reasons we are separated is that he is very irresponsible and has not grown up in the last few years, I take care of everything and I didn't marry someone to be their mother. I worry if we wait and get divorced he will drag his feet and it will be my financial burden. I need to move on with my life even though I care and am trying to help wait to he has his residency (His daughter from previous relationship is US citizen) Any assistance would be great if I can file and still do Dissolution before Dec 14th to have it go through and see what the chances are that it would effect our court hearing also.
4 Answers
- cookieLv 610 years ago
You can file a petition at anytime. However, it will not have anything to do with his citizenship. The two have nothing to do with each other. He can't do anything about the divorce except to not sign the papers. This will not prevent the divorce from happening, it will still be granted. You must leave the residence in order for the divorce to be granted. A separation is required prior to divorce. Good luck.
- ?Lv 710 years ago
File yesterday - they are two totally separate issues, and while the divorce may have some bearing on his other issue - that is not your concern. You do not need his agreement to get a divorce, and any step he might take to slow things down will cost him more money if attorney fees.
Good luck.
- ?Lv 610 years ago
you need an immigration lawyer to advise you on those issues.
you don't need to wait until his residency comes through since he has a US citizen child here.
do what you need to do and move on with your life. if it's time to make HIM responsible for himself. that includes immigration issues.
- l8tr g8trLv 710 years ago
You can file whenever you want to. His citizenship issues are just that...his.