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DIVORCE HEADQUARTERS NEWSLETTER Issue #36, June/July 2003 Know someone else going through the process? If you think they could benefit from this newsletter feel free to pass it on in it's entirety to them. "Things turn out best for the people who make the best of the way things turn out." - John Wooden In this Issue:
1. Moving to a New Home Often a move is an unavoidable part of divorce. If you are moving one town over or to the other side of the country, the move will be stressful. Nevertheless, if you plan ahead you can avoid some of that stress. Collect as much information about your new town as you can from your real estate agent, the local newspapers and telephone directories, which are available in most local libraries. Contact the chamber of commerce for information on banks, schools and businesses in your new area. You will need to get copies of everybody's medical, dental, and school records. If you have pets, you should also get copies of their health and shot records as well.If you are taking any prescription medications you should make sure you have enough to get your through the move and until you are settled if possible. HELP CHILDREN COPE WITH MOVING Moving is stressful for everyone. But it is particularly stressful for children because they don't know as many ways to cope with a new situation. One out of five American families moves to a new home each year. It often takes as long as 16 months before children begin to feel comfortable in their new home. Some families experience a stressful time two weeks before and two weeks after a move. For many families, the actual move is a time when everyone pitches in and works together. Reality starts to sink in about a month later. People then begin to realize how much they miss friends and places they left behind. Confusion, frustration, and anger are common emotions at this time. If the move is coupled with financial problems, a death or divorce, this can make the problem worse, stretching children's coping skills to the limit. Short-term counseling may help children through this challenging time. Some specific ways you can help your children cope with a move include:
2. Matrimonial Jurisdiction for Aliens Catharine M. Venzon, Esquire The Immigration and Naturalization Service has always had a concern that aliens seeking permanent resident status in the United States will marry solely to gain that status, thereby circumventing the Immigration Laws. This concern was addressed by Congress in the Marriage Fraud Act of 1986, as amended by the Immigration Act of 1990. An attempt to gain resident status without a bona fide marriage is marriage fraud. A finding of marriage fraud can lead to the denial of the issuance of an immigrant visa, refusal of admission as a conditional or permanent resident, the loss of resident status previously granted, and deportation from the United States. Lawyers must consider the special needs of aliens in divorce, separation or annulment matters. Accordingly, attorneys must know the applicable sections of the Immigration Law that deal with marriage fraud in order to understand the severe repercussions to any alien who is accused of it. Conditional resident status is conferred on an alien to a United States citizen or a lawful permanent resident in a marriage deemed bona fide although less than two years old. The status is conditional for another two years. If the marriage is more than two years old at the time of application for status, the alien can be approved for lawful permanent status without any condition. The U.S. citizen or a permanent resident alien may petition for their alien spouse to receive an immigrant visa. An alien with an approved immigrant visa petition may be issued an immigrant visa by a U.S. consular post abroad and use the visa to be admitted to the U.S. as a permanent resident. Also, some aliens already in the U.S. may use an approved immigrant visa petition to gain permanent resident status through adjustment inside the U.S. The INS will interview the couple to determine the bona fides of the marriage. This status, however acquired, is a very important step for any alien seeking to remain in this country. Conditional resident status becomes permanent after the second anniversary of conditional resident status if the alien and the petitioning spouse jointly file a I-751 petition signed by both parties. This is filed within ninety days of the second anniversary of the granting of conditional resident alien status. Thereafter, they are interviewed by an INS examiner to see if their marriage is legitimate. If an I-751 joint petition cannot be filed, the conditional resident alien may request a waiver based on one or more of the following grounds: extreme hardship if deported, termination of a good faith marriage, or battered spouse or child ground. The good faith waiver requires that the qualifying marriage was entered into in good faith by the alien spouse, the alien was not at fault in failing to meet the requirement of filing the joint petition, and the qualifying marriage was terminated other than through the death of the petitioning spouse. The battered spouse or child waiver must show that during the marriage the alien spouse or child was battered by or was the victim of extreme mental cruelty by the U.S. citizen or permanent resident spouse or parent. The waiver for a battered spouse does not require that the qualifying marriage be terminated. It should be noted that the first and third elements are the same for both grounds. Attorneys representing an alien in a divorce must be concerned with the statutory jurisdictional requirements and the necessity for alleging grounds in a divorce action. For the full the online version of Ms. Venzon's article go to:http://www.divorcehq.com/articles/alienfraud.html ABOUT THE AUTHOR Ms. Venzon established the law firm of Venzon Brockway, LLP in 1984. She has participated as a guest speaker at a recent Appellate Division Training Seminar. In addition, Ms. Venzon has appeared on public radio to discuss child support collection and other related issues. 3. Read All About It Are you considering divorce? Just filed for divorce? Has your spouse just told you they want a divorce? Maybe you are already divorced. Having the legalities behind you does not mean all your divorce issues are resolved; in fact, some of them may just be starting. Whatever stage you are in you are probably looking for information on the subject. Sir Francis Bacon said,"Knowledge is power." The Internet is an outstanding source to find books on a wide range of divorce topics. We have searched the Internet for you and have come up with a diversified collection of books that may help you through this trying time. These books are for men, women and children. There are books for each stage from beginning the divorce to recovery. Take a look. http://www.divorcehq.com/divorcebooks.html If you are interested in books that you can download directly from the Internet, we have found those for you as well. http://www.divorcehq.com/onlinebooks.html 4. HUMOR A man and his young wife were in divorce court, but the custody of their children posed a problem. The mother leaped to her feet and protested to the judge that since she brought the children into this world, she should retain custody of them. The man also wanted custody of his children, so the judge asked for his justification. After a long silence, the man slowly rose from his chair and replied... "Your Honor, when I put a dollar in a vending machine and a Coke comes out, does the Coke belong to me or the machine?" anonymous |
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