Legal Question in Family Law in District of Columbia
Divorce
I have been married to an American man for three years after seeing each other for 4 years. But because of our career in different schools, we have been physically apart most of the time. But we have communicated very well and visited each other over three years.
Last summer, after we spent time together in Japan, he told me he was not sure about us anymore. Since then he strategically used our physical distance to separte himself from me. I have been depressed and confused every since to the extent that I could not even work. He was so sure about he can divorce me, as he claims it takes one to break up. But as it was too one way and so imposed, I could not agree with him. I am still hoping to be with him, while he insited and had been very mean since then. The amount of emotional damage ended up significant. ButI would like to know, can this kind of unfair case happen? If one does not want to, can he still force me to agree with him legally? What steps should I take to prevent it from happening? What kind of lawyer should I ask for. I am not a US citizen, so I will have a lot of disadvantages.
2 Answers from Attorneys
Re: Divorce
You have asked: "can this kind of unfair case (threatened divorce, where only one of the spouses desires it)
happen?" Why, of course, it happens all the time.
However, that doesn't mean that this spouse from whom you're apparently reluctant to separate can force you to agree with him, legally speaking, in all matters affecting the separation and divorce (if in fact it does come to that). Which is why you should have an attorney representing you who is appropriately knowledgeable and experienced in family and divorce law matters in the jurisdiction wherein you currently reside, which appears to be the District of Columbia.
Re: Divorce
To follow up on the answer that has already been posted, one of the grounds for divore under D.C. law is a one year separation. The separation does not have to be voluntary. So, if you and your husband have been separate for at least that long, he can file for and eventually obtain a divorce even if you don't want the divorce. As someone else already wrote, though, that does not mean that you can't have a voice in the divorce process. You would be well advised to consult with an attorney.