I got married to a South American in Sept 2000 in USA, we have a daughter born in 2001. We then had some troubles and lived apart in Sept 2005.
We split up the assets & then she bought a home in her home country and I bought one in Phoenix, (bad move as I later short sold it on a loss).
Our relationship remained amicable & I moved back into a place with her & stayed in separate room so that I can help raise our daughter. She got our daughter dual citizenship. They both have US passports and citizenship.
In 2006, she left to her home country after signing a marital settlement agreement to end our marriage. I had to go back & forth to her country just to help raise her. She returned in 2008 for 3 months the left again.
I filed for a default divorce and got it approved in 2009. However, I canceled it due to a few BRZLN. court cases, whereby the parent never sees their kid for years since their court system sides with the Mom all the time.
In order to get them to return, I had to get a signed parental authorization to travel form for my daughter. So, I did that, they returned the same day that my divorce case was dismissed via phone. (Stupid me). Otherwise they would never have returned.
After 6 months of being in the states, she says "that's it" due to job and daily difficulties of living in the USA and flees again to her home country. She lived a newer condo, all amenities, best friend close by and even a church she liked, no abuse, nada.
She said, "I never wants to return to the USA" claiming that living close to her Mom, bros and sistrs, not having "her daughter" grow up in USA is more important. Yeah, she says "her daughter " a lot. She is ours, not hers or mine.
Actually, she stated this once she landed in her home country after 1 week, Originally she agreed to stay just for the summer and our daughter comes back to school here where she was attending since Jan 2010. Spouse gets influenced by her brother and mother back home.
Anyway, I have another default divorce (already served) case going but no MSA signed and now there is a prove-up hearing in 2 weeks.
I heard in these situations the judge pretty much gives you what you ask for but they request my tax return and her pay stubs (which she will not have) should I be worried.
I will ask for 50% custody and a certain dollar figure to pay for child support. So, with what the court is requesting it seems they will make the ultimate decision on what I pay since the judge will find out she doesn't live her and mom makes much less than she is capable of due to bailing on living here.
In addition, and obviously, I am distraught over her taking my daughter out of the country forever. I understand Hague law and recent cases and the process is BS down there. So, I may never see her again unless I keep it friendly.
Strange thing is, wife still wants to be with me ONLY IF I live down there. With my work, I can only live there on a visiting type basis not really 50% of the time every year. I do like the USA and its' my home.
Our marriage is not registered in her country nor do I want to with their marriage laws.
Am I better off leaving it alone and file for default divorce after 5 years of her abandoning?
And since she will never live here in USA permanently and I don't want to remarry is it wise to just separate like we are now?
We split up the assets & then she bought a home in her home country and I bought one in Phoenix, (bad move as I later short sold it on a loss).
Our relationship remained amicable & I moved back into a place with her & stayed in separate room so that I can help raise our daughter. She got our daughter dual citizenship. They both have US passports and citizenship.
In 2006, she left to her home country after signing a marital settlement agreement to end our marriage. I had to go back & forth to her country just to help raise her. She returned in 2008 for 3 months the left again.
I filed for a default divorce and got it approved in 2009. However, I canceled it due to a few BRZLN. court cases, whereby the parent never sees their kid for years since their court system sides with the Mom all the time.
In order to get them to return, I had to get a signed parental authorization to travel form for my daughter. So, I did that, they returned the same day that my divorce case was dismissed via phone. (Stupid me). Otherwise they would never have returned.
After 6 months of being in the states, she says "that's it" due to job and daily difficulties of living in the USA and flees again to her home country. She lived a newer condo, all amenities, best friend close by and even a church she liked, no abuse, nada.
She said, "I never wants to return to the USA" claiming that living close to her Mom, bros and sistrs, not having "her daughter" grow up in USA is more important. Yeah, she says "her daughter " a lot. She is ours, not hers or mine.
Actually, she stated this once she landed in her home country after 1 week, Originally she agreed to stay just for the summer and our daughter comes back to school here where she was attending since Jan 2010. Spouse gets influenced by her brother and mother back home.
Anyway, I have another default divorce (already served) case going but no MSA signed and now there is a prove-up hearing in 2 weeks.
I heard in these situations the judge pretty much gives you what you ask for but they request my tax return and her pay stubs (which she will not have) should I be worried.
I will ask for 50% custody and a certain dollar figure to pay for child support. So, with what the court is requesting it seems they will make the ultimate decision on what I pay since the judge will find out she doesn't live her and mom makes much less than she is capable of due to bailing on living here.
In addition, and obviously, I am distraught over her taking my daughter out of the country forever. I understand Hague law and recent cases and the process is BS down there. So, I may never see her again unless I keep it friendly.
Strange thing is, wife still wants to be with me ONLY IF I live down there. With my work, I can only live there on a visiting type basis not really 50% of the time every year. I do like the USA and its' my home.
Our marriage is not registered in her country nor do I want to with their marriage laws.
Am I better off leaving it alone and file for default divorce after 5 years of her abandoning?
And since she will never live here in USA permanently and I don't want to remarry is it wise to just separate like we are now?
Last edited:
