How doI start the process of divorce and how doI get support?

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How doI start the process of divorce and how doI get support?

I’ve been married to a corrections officer for a year. He has cheated and lied to me several times; he has at times been very abusive. I’m Brazilian and I’m at the end of the process to get my residence card.  I don’t have a job or a place to live. Do I get any money for him for my support? Do I get his pension? I want everything that I can legally get for all the stress I suffered. How should I proceed? Also, I was an student with a visa and I lost it because of the marriage. If I divorce him now, am I still getting my green card?

Asked on February 1, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I can also understand your feelings of anger and betrayal.  The most important thing here is to make sure that you are safe and your statement that he is abusive is unsettling.  The best thing for you to do is to go and seek help from an attorney both on the immigration issue and the matrimonial issue.  Try legal aid as you may qualify one you leave him.  You need to have some plan here as to where you will go.  Do you have any friends that you can turn to?  I have to tell you that I am concerned about the green card status once you leave.  Also, having no job is not a plus.  As for what you are entitled to once you get divorced, being that the marriage has been short in duration- one year - it my not entitle you to his pension or long term support.  New Jersey is an equitable distribution state meaning that the distribution of marital assets is equitable based upon various factors, length of marriage being one of them.  Good luck to you.


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