Posted by: haruwa September 2, 2010
Need help with unexpected marital and immigration issue
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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 ยง 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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