I am seeking legal advice regarding a contested divorce case. I have been in a five-year international marriage with a U.S. citizen (my husband). I am a Korean citizen and a U.S. green card holder (permanent resident). We have a 2-year-old child together. My husband recently filed for divorce in Tennessee. I am the respondent and would like to explore legal options to have the petition dismissed. I have been a full-time stay-at-home mother throughout our marriage and have experienced a career interruption. My husband earns approximately $3,800 per month. We jointly own a home valued at around $320,000 and have two vehicles. He also holds shares in his current employer, which is a family-owned business, but I do not know the exact value or percentage of ownership. I would
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Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Is your husband alleging any specific misconduct on your end? For example, is he alleging adultery or abandonment?
The divorce is not based on any fault grounds such as adultery, abuse, or abandonment. It is being filed solely on the basis of irreconcilable differences.
Ok got it! Legally, you cannot dismiss a request for a divorce. The law allows one party to seek a divorce in this case. Tennessee courts decide custody based on the best interest of the child, not immigration status. Since you've been the full-time caregiver, you may have a strong argument for primary residential custody. Courts generally encourage shared parenting, but your role as the primary caretaker and the child’s young age will carry weight. Given your husband's income ($3,800/month), Tennessee’s Child Support Guidelines would likely require him to pay support, especially if you are granted primary custody. The exact amount depends on income, custody split, and other factors like child care or health insurance costs. https://www.tn.gov/humanservices/for-families/child-support-services/child-support-guidelines.html
Also, you said you’ve experienced a career interruption due to raising your child. That can support a claim for rehabilitative alimony or even transitional alimony in Tennessee. Courts look at need and ability to pay. Your husband's income is modest, but if you’re not working and need time to get back on your feet, you could be eligible. Tennessee is an equitable distribution state as well. This means not necessarily 50/50, but fair. The house, cars, and any shares in his family business will all be considered. The fact that you stayed home raising the child weighs in your favor. If you can’t determine the value of his shares in the business, your attorney can request formal discovery to get that information.
Your green card is permanent, but how you obtained it matters. If it was through marriage and you were still within the 2-year conditional green card period, divorce can complicate your ability to remove conditions. If you’ve already received the 10-year green card, divorce won’t automatically affect your status, but it could impact naturalization timing and scrutiny.
For this, I strongly recommend seking out a lawyer! I don’t have any specific contacts; however, I can do the next best thing. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people. You can click this link to find a lawyer - https://www.tbpr.org/for-the-public/lawyer-referral-services Did you have any other questions for me today?
❓ Legal Questions and Concerns Challenging Jurisdiction (UCCJEA) Can I file a motion to dismiss the custody portion of the case based on the fact that our child only recently began living in Tennessee and spent most of his life in South Korea? Would the court consider South Korea as the child’s “home state” under the UCCJEA? Even if the child has been in Tennessee for 6 months, can I still argue forum non conveniens due to key witnesses and evidence being in Korea? No-Fault Divorce and Motion to Dismiss Since this is a no-fault divorce based on irreconcilable differences, and I do not agree with those grounds, can I challenge or dismiss the divorce on the basis that my husband hasn’t properly pleaded a valid ground for divorce? What does it legally mean to “agree on irreconcilable differences”? Does my disagreement have any legal weight? Parental Participation During Child Outings My husband insists on parenting and taking our child out without me, even though we are still co-parenting. If I choose to accompany him and our child during these times, could this harm my position in court? Living in the Marital Home I want to remain in our current home and continue caring for our child there. Is this legally possible while the case is ongoing? What type of court order could affect this? Timing of Motion to Dismiss When would be the appropriate time to file a motion to dismiss—before or after mediation or first hearing? I-864 Affidavit of Support As a green card holder, am I eligible to claim financial support under the I-864 affidavit my husband signed? What is the realistic monthly amount I could receive, and how do I go about enforcing it?
Ok thanks! 1. So legally if the children have been in the USA at least 6 months, then TN has jurisdiction, but less than 6 months it means yes you can; 2. South Korea cannot be the home state if the kids have been in TN at least 6 months; 3. The law allows for no-fault divorces in TN if the parties agree to the terms. To "agree" means you guys agree to the custody and property division. If that is not the case, then yes at that point, you have a right to seek a dismissal, but I have to strongly advise that you hire a lawyer to assist with that. 4. Legally, nothing stops you from accompanying him with your child; however, most judges aren't keen on you providing that level of supervision when a child is with their other biological parent. I don't recommend doing that; 5. There is no law that would require you to leave the marital home; 6. If you want to file a motion to dismiss, I'd do it as soon as possible; 7. I couldn't calculate for you the precise spousal support amount, unfortunately. If he refiles for grounds for divorce, the court is going to require you two to go to mediation and resolve the matter of spousal support. If you can't, then the court will make a decision. Courts assess the financial need of the spouse seeking support and the other spouse's ability to provide it without undue hardship. Courts consider the lifestyle the couple maintained during the marriage, aiming to minimize drastic changes for the supported spouse. The courts consider earning capacity. This includes actual income and potential future earnings based on education, skills, and job market conditions. Also, longer marriages often lead to longer alimony periods, recognizing contributions and potential sacrifices made by the supported spouse. Physical and mental health conditions, along with age, can impact earning potential and needs. If one spouse supported the other's education or career advancement, it might influence alimony. There are also other relevant factors. Additional factors like tax implications, debt, child support, and misconduct during the marriage might be considered.
Is there a way to find out whether the divorce is being filed on fault or no-fault grounds, even though I haven’t been officially served with the petition yet?
Sure thing! Yes please be sure to call or go down to the local county court as early as Tuesday. You'll be able to see. You don't want to make decisions on what it is you can do until you see more information and can take it from there.
My husband said he wants to buy the jointly owned house from me. However, I want to keep my name on the title and continue living here with our child to maintain a stable and familiar environment for him. He says that because I don’t have an income, that’s not possible— but I believe there are other ways to make this work, and I’m not ready to give up my rights to the home.
Hello! You have no legal obligation to sell your share of the home nor do you have to move out. The courts want both of you to not make unilateral decisions about what to do. The court will want you two to cooperate and may even order both of you find a mediator. Given the fact he’s demanding things he cannot obtain, a skilled mediator can help. Also, the law generally doesn’t authorize you the right to have it dismissed because if he wants a divorce he’s allowed to seek one. Nevertheless, the fact you didn’t have income makes it more likely a court will order spousal support. The court will want you two to negotiate on this, but if you don’t decide, the court will.