Alimony Pendente Lite - 4 months Marriage paid for last 5 years

Alimony 2 views 1 answers
My marriage was conducted in Foreign Country and I am legal resident alien in US. I was separated in Feb 2003 after a 4 months of marriage. Thereafter I filed for divorce in my home country in 2004. The court started APL proceedings and took 5 years to decide the quantum of APL. In meanwhile because of my Job I came to US in 2006 and living in PA ever since. Unfortunately my divorce petition was dismissed in my home country after awarding APL for 5 years. I have not yet paid APL. The income disparity may be 75000. I may earn more than her. We do not have kids or real property. Now, If I have to file for divorce in PA, What are the chances that my separated wife will get APL.? Can court consider my 7 years of independent living as fact to deny APL.

Attorney Answer

1
Cary Bartlow HallLitigation LawyerSouderton, PA ·
The initial question is whether you can file for divorce in the United States at all. Unless your wife -- who I understand is not in the United States -- consents to the jurisdiction of an American court, you will not be able to bring a divorce action here against her. I've heard nothing which would allow a United States court to exercise jurisdiction over your wife in another country. So, for now, this is your biggest problem. As for APL, Pennsylvania courts typically do not award APL in marriages of very short duration (like yours). Any United States court, however, would be inclined to follow previous orders of a foreign court over the same issues, and a court here would definitely want to review what happened in any earlier divorce action overseas. I hope this focuses your inquiry. Best of luck to you. If you'd like to discuss your case in further detail, feel free to contact me offline. Cary B. Hall, Esquire Law Offices of Cary B. Hall, L.L.C. 121 East Chestnut Street, Suite 205 Souderton, PA 18964 T: (267) 663-9995 F: (215) 525-4364 [email protected] http://www.carybhall.com
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