Legal Question in Family Law in India

Hello,

I need some legal information before filing my divorce.

I'm married for 5 years and have a baby of 1 year. Just after I had my daughter my husband started avoiding me and left me at my parents place for last 1year with the baby. He has no job and he doesn't want to do a job as he has his family to support him. But his family doesn't accept me and my daughter and he also supports the same. He visits sometimes but does not pay the maintenance for me or my baby. I don't have any job yet. But my brother and his wife stays in UK and he wants me to come and stay with them. What I need to know is:

1. Will there be any problem in getting Tier 1/2 visa if I'm not legally divorced?

2. If my husband doesn't agree for mutual divorce but I don't claim any maintenance then how much time can it take to get the divorce case to get solved?

3. If my divorce case is ongoing then can I apply for Tier 1/2 visa for UK?

Please help me in getting the above legal informations as my parents are weak and cannot carry out my maintenance any more.

Thanks,

Mala


Asked on 12/08/13, 1:47 pm

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

the best option for you would be to take divorce by mutual consent. ensure that you get the custody of the child.After the first motion is passed there is a waiting period of 6 months after which you can file the second motion.

for further clarifications contact 9312411481

Read more
Answered on 12/08/13, 4:18 pm

You can seek divorce by mutual consent it would take about 6 months to get decree of divorce. contested divorce petition can take yrs with no guarantee of positive outcome.as u are willing to settle in UK. You may apply for visa and at the same time try to seek divorce by mutual consent as early as possible.

Read more
Answered on 12/08/13, 9:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India