Need help with unexpected marital and immigration issue

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One of my friend is going through an extreme confusion. He got married 3 years back with an Indian girl who was in F1 visa (at that time he already had his US citizenship). The girl got her conditional green card for 2 years after getting married with him. They lived together for 3 years but after that they started having fight because the girl was playing games behind his back. Girl left him and now living in India (it's been 6 months already) and now, her conditional green card has already expired. My friend wants to get divorce with that girl and someone told him that (according to Virginia Law) he needs to be separated with her for at least one year and only after that he can file a divorce. But I heard that if you spouse leave you, you can file a divorce on the basis of desertion.

How this divorce thing works between them because girl is currently living in India and not willing to come back to the States. How the court will grant the divorce to my friend and how will the property be distributed ?

Any suggestion would be appreciated.

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dolphin

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what did your friend do to her that she left him and went back to india.

best advice: consult with divorce lawyer

haruwa

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You haven't provided enough information. Do they have any kids? Was there any property acquired after marriage or was everything acquired before marriage? Can either party prove any adultery or any other circumstance that may deem spousal support a necessity?. Is the wife willing to sign papers and agree to the divorce (even if she doesn't want to come back to the US)?

Virginia Code § 20-91 - Grounds for divorce from bond of matrimony

(http://law.justia.com/virginia/codes/toc2000000/20-91.html)

(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

Last edited: 02-Sep-10 06:25 PM

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