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Topic: Considering Divorce: what are my legal options?  (Read 574 times)

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Considering Divorce: what are my legal options?
« on: August 19, 2017, 07:19:29 PM »
I just got my BRP and returned to the UK, and well not to get into too many sordid details but I found evidence of cheating and I want to go back home asap.

What and where should I go? What are my legal options? Any help or resources would be greatly appreciated.
Married December 8, 2007
1st Application Submitted: February 8, 2017
1st Application Decision: February 16, 2017: (refused due to missing information)
-
2nd Online application submitted April 30, 2017
Biometrics & shipping to UK May 4, 2017
UPS Tracking Delivered to Sheffield May 8, 2017
Email confirmation from Sheffield May 15, 2017
Retroactive Upgrade to Priority*: June 2, 2017
Decision Made on Tracker: July 1, 2017
Decision Made Email: July 3, 2017


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Re: Considering Divorce: what are my legal options?
« Reply #1 on: August 19, 2017, 07:24:42 PM »
Oh no AM!

Do you have kids?  If you do, things get really tough, as you can only return to the US with his consent (which I would recommend doing through an attorney here before traveling).

Divorce is MUCH easier in the US, as there has to be a two year wait in the UK after separation.  So if you return to the US, I'd recommend filing there.

Big hugs.  Thinking of you.


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Re: Considering Divorce: what are my legal options?
« Reply #2 on: August 19, 2017, 07:30:42 PM »
So sorry to hear this AmericanMom.


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Re: Considering Divorce: what are my legal options?
« Reply #3 on: August 19, 2017, 07:44:58 PM »
I do have kids! Great summer vacation they're having!

Do I need to go to an attorney or can he just write me a letter stating I have permission? He said he won't stop me taking them.

If I were to stay in the U.K., would filing for a divorce revoke my BRP?
Married December 8, 2007
1st Application Submitted: February 8, 2017
1st Application Decision: February 16, 2017: (refused due to missing information)
-
2nd Online application submitted April 30, 2017
Biometrics & shipping to UK May 4, 2017
UPS Tracking Delivered to Sheffield May 8, 2017
Email confirmation from Sheffield May 15, 2017
Retroactive Upgrade to Priority*: June 2, 2017
Decision Made on Tracker: July 1, 2017
Decision Made Email: July 3, 2017


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Re: Considering Divorce: what are my legal options?
« Reply #4 on: August 19, 2017, 07:48:30 PM »
Fantastic!  Get him to sign away as soon as possible!  I'd do that legally here with a solicitor.  That way he can't change his tune after you get home.

If you stay in the UK and the marriage has truly broken down with no chance of reconciliation, you would need to notify UKVI.  You would then have to apply for Leave to Remain based on your children living in the UK, which would be a ten year path to ILR.

Keep us posted.  We are here for you.


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Re: Considering Divorce: what are my legal options?
« Reply #5 on: August 19, 2017, 08:57:36 PM »
Sorry to hear this AM

Divorce is MUCH easier in the US, as there has to be a two year wait in the UK after separation. 

Not a two year wait for adultery or unreasonable behaviour, according to the internet. Lots like this-

http://www.terry.co.uk/adultery.html

https://www.gov.uk/divorce/grounds-for-divorce
« Last Edit: August 20, 2017, 02:15:51 AM by Sirius »


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Re: Considering Divorce: what are my legal options?
« Reply #6 on: August 19, 2017, 09:35:58 PM »
Oh jeez AmericanMom, I am so sorry.
2017: Survived a rejected FLR(M) & the wait for Non-Priority Spousal Visa (✿◠‿◠)
2020: ( •̀ᄇ• ́)ﻭ✧ FLR(M) approved
2022: ୧ʕ•̀ᴥ•́ʔ୨ ILR done
2024: (°◡°♡) Citizenship process begun


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Re: Considering Divorce: what are my legal options?
« Reply #7 on: August 20, 2017, 02:04:48 AM »
I do have kids! Great summer vacation they're having!

Do I need to go to an attorney or can he just write me a letter stating I have permission? He said he won't stop me taking them.

If I were to stay in the U.K., would filing for a divorce revoke my BRP?

i am so sorry AmericanMom , we are all here for you. Please stay strong, let us know if we can help somehow. xxxx :-* thinking of you


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Re: Considering Divorce: what are my legal options?
« Reply #8 on: August 20, 2017, 03:19:23 AM »
I'm so sorry American mom. That's a horrible thing to have happen after the long wait! Be strong, everyone here is behind you!
Documents sent May 22, 2017
Received: May 25, 2017
Decision email: August 9, 2017
Status: APPROVED! Documents received August 21, 2017
Applied for FLR-M: February 4th, 2020
FLR-M Approved: March 20th, 2020
Applied for ILR Super priority: August 6, 2022
ILR biometrics: August 18, 2022
ILR approved: August 18, 2022 (3.5 hour turn around)


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Re: Considering Divorce: what are my legal options?
« Reply #9 on: August 21, 2017, 02:05:28 PM »
Heartbreaking news to find out. Hope you come out stronger from this. Good riddance to bad rubbish. Take care of yourself and the kids. Stay strong.
Application Type : FLR(M)
Application Submitted online on: 19/08/2020
Postal or In-Person Application: Online
Biometrics Enrolled: 10/09/20 using IDV App
Acknowledgement Received: No
Additional Documents Requested on (if any): no
Decision Email: 18/12/2020
Decision Letter Received on: 18/12/2020
BRP Card Received on: 22/12/2020
Decision: APPROVED


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Considering Divorce: what are my legal options?
« Reply #10 on: August 21, 2017, 02:13:24 PM »
Hey American Mom,  I'm really sorry to hear that and I'm sure you are really upset.  I didn't see too many suggestions that you see a solicitor (other than good old KFDancer) , so I would suggest you do that right away. 
I'd also suggest that you talk to a professional who can help you make some decisions. Perhaps you could call Relate or another counselor for a start, or maybe your religious advisor if you have one. 

Good luck
« Last Edit: August 21, 2017, 02:14:38 PM by jimbocz »


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