Can my husband divorce me if I am in India while he is working in USA?

Business 2 views 6 answers
We got married in India and shifted to USA later. My husband has filed for a divorce in NY. He holds L1 visa. However since my visa expires next month, I need to leave the country. Is it possible for my husband to continue with the divorce proceedings in NY even after I have left for India?

Attorney Answers

6
Risa Kleiner ·
The divorce will continue even if you have left the country. You should consult a family law attorney to get advice.
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Robin Jean GrayFamily Law AttorneyReading, PANJ licensed ·
Yes, the divorce will proceed even if you leave the country. You need to contact a family law attorney to represent you when you are in the US and especially when you are in India.
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Robert Ricci ·
Yes. As long as the jurisdiction was valid when the case commenced, he can continue the action. And tryouts can participate through counsel.
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Davidperry Davis ·
You need to speak with an attorney who dual specializes in New York family law and immigration law. I am certainly no expert in either of those areas. As said, generally a divorce proceeding will continue if you leave. However, depending on New York law, there may be a way to move the case to in active status if you were going to return, or to permit you to testify from India if necessary. The case will continue, but that does not mean that you will be in default and lose everything. Also, speak with an immigration attorney. Again, this is not my area of expertise, but I understand that this is like yours can be extended, perhaps if you enroll in an educational program. I'm not suggesting an answer, I don't know these areas of law, but I know enough to see the red flags that should alert you that it is time to sit down with someone who does.
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Leonard Boyer ·
To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial and immigration attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck.
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Bari Weinberger ·
If the court had proper jurisdiction the divorce may continue in your absence if there are no service issues that may arise. You should immediately consult with an attorney.
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