Sorrento, FL Divorce Law Firms & Lawyers

Certainly, you can divorce him and you can request alimony. Whether natural receive it is a different matter and will be determined by all of the circumstances. You'll most probably need to confer with a family practitioner as well as an immigration lawyer. If it is determined that the marriage was a sham in order to gain citizenship that will have a very adverse effect on his ability to stay within the country.

If you have not filed for divorce, I recommend that you do that prior to moving in with your boyfriend. I did have a case where a male client had his girlfriend move in the house with him and the children before a divorce had been filed, and shortly after the wife had moved out. The judge did not like the situation and awarded temporary custody to the wife.  How a judge will react depends on the judge, some have very conservative attitudes.  At least if a divorce has been filed, it shows a clear date when the marriage was over. If you absolutely must move in with your boyfriend due to financial reasons, or to prevent the children from living on the street, then move in, but if you can afford to maintain separate residences until the divorce is over, I would recommend that course of action. You never know how your judge will react to the situation.

The disclosure is required by California law, so be thorough and honest and serve her with it. You do not have to serve it with the Summons and Petition, but do serve it within 90 days. Be sure to file your proof of service of disclosure (just the proof of service) with the court. Your wife will need to serve you with her disclosure as well. The court will not grant your dissolution judgment without the exchange of disclosures. There are penalties for disclosures that do not list all assets, so consult with an attorney if you feel Wife is not being forthcoming. As to keeping your own accounts, that is an issue of settlement. You two are free to agree on terms at your discretion.