Seperation help

[sumag]

I am staying in USA since 2005.
I got married in 2005 and came here. My life has become miserable ever since got married.
I have been physically/verbally/mentally abused by my husband.I have a 4 year old daughter.

I am so much frustated right now and want to live my own life with my daughter.I am very sure i cant go through a mutual consent divorce with him.He wouldnt agree and also might get aggressive and abuse me.
I am a very independent person and can live by myself but he is a kind of person who will develop a strong enemity if i go out of his life.

I want to get divorced from him and protect myself and my child. I have a green card and eligibile to apply for citizenship.

He is a very political and criminal minded person.He can manipulate anyone with his words.

[rayb]

Sumag,

You don't need your husband's permission to divorce in the U.S.

Before you strike out on your own, make sure you have a job, a car and a place to stay.

--Ray B

I am staying in USA since 2005.
I got married in 2005 and came here. My life has become miserable ever since got married.
I have been physically/verbally/mentally abused by my husband.I have a 4 year old daughter.

I am so much frustated right now and want to live my own life with my daughter.I am very sure i cant go through a mutual consent divorce with him.He wouldnt agree and also might get aggressive and abuse me.
I am a very independent person and can live by myself but he is a kind of person who will develop a strong enemity if i go out of his life.

I want to get divorced from him and protect myself and my child. I have a green card and eligibile to apply for citizenship.

He is a very political and criminal minded person.He can manipulate anyone with his words.

[sumag]

Sumag,

You don't need your husband's permission to divorce in the U.S.

Before you strike out on your own, make sure you have a job, a car and a place to stay.

--Ray B

Thank u so much for replying for my post.I have a job.I have akid ,is it legal to come out of the house with my daughter and start divorce process.
Will my husband have aright to file a police complaint on me that i went out with his daughter.

[rayb]

So long as you don't leave the state or the country, your husband cannot file a criminal complaint that will be taken seriously.

--Ray B

Thank u so much for replying for my post.I have a job.I have akid ,is it legal to come out of the house with my daughter and start divorce process.
Will my husband have aright to file a police complaint on me that i went out with his daughter.

[sumag]

Citizenship

I would like to apply for my citizenship. However I would like my documentation anything regarding citizenship to be posted to my office address instead of my home.I am concerned my husband might take them and not give them to me.

Will USCIS accept my office address?

[rayb]

Look at page 3 of the N-400, naturalization application. You have an option there of inputting "mailing address, if different from the address above."

--Ray B

I would like to apply for my citizenship. However I would like my documentation anything regarding citizenship to be posted to my office address instead of my home.I am concerned my husband might take them and not give them to me.

Will USCIS accept my office address?

[sumag]

Thank you so much.You have been so helpful in replying to all my questions.

I spoke with my husband this weekend about a mutual consent divorce.
He aggreed to it ,but told me that he dont want to live in US anymore and want to go back to India.

he told me that he can divert his 401 K fund for my daughter education(From Bachelors).
Other than that he cant give me any support.

I am not sure if he can really divert his 401 K towards my daughter education at this point.
Will the court order him to pay spousal support and child support?

[rayb]

It's not possible for someone unacquainted with your marriage information to predict whether there will be a court order for child support and alimony. That depends on the length of your marriage, both your income amounts, the skill of your attorneys, and the prevailing practice at your Family Law court and its judges.

Whether your husbands 401-K can be directed to an education fund for your daughter would be dependent on how your husband handles the 401-K distribution. Normally, one waits for retirement age to distribute (or plan staggered payments) of a 401-K, which may have been pre-taxed income and possibly subject to income taxes. Whether your husband's claim will be followed through depends on his ability to follow thorugh with his stated intention.

Perhaps a permanent return to India would be the best thing for your husband, since he apparently needs a break from the burden of marriage and fatherhood.

--Ray B

Thank you so much.You have been so helpful in replying to all my questions.

I spoke with my husband this weekend about a mutual consent divorce.
He aggreed to it ,but told me that he dont want to live in US anymore and want to go back to India.

he told me that he can divert his 401 K fund for my daughter education(From Bachelors).
Other than that he cant give me any support.

I am not sure if he can really divert his 401 K towards my daughter education at this point.
Will the court order him to pay spousal support and child support?

[hereforadvice]

first off, you should do everything legally and not take his word for it (you said he is very political, he might be setting you up for trouble)
Go to a lawyer and talk about your case.
Get all documents to support your case
Change your email password (my ex actually went in and deleted imp emails) so make sure that is not happening to you
File for divorce and THEN think of moving out of the house with your kid or you could (i am not a lawyer so this is just advice) be liable for kidnapping with the kid
once again, dont trust a word of what he says, consult a lawyer and do everything legally.
do you own the house? depending upon the State you live, you might automatically own half of what he has (bank accounts etc)