Legal Question in Family Law in Massachusetts

I am married to a us citizen, and I got my 2 year greencard this spring. next winter (Dec. 2010) I will need to file for my 10 year green card. Things fell apart with my husband and I am getting a divorce. Now, he is abroad, and I don't know where he is or when he is coming back. Also, it is crucial that I get my divorce BEFORE I file for 10 year green card (otherwise I can't file, my 2 year GC expires and I will face deportation).
He is already making my life difficult, and he won't make it any easier. So my main questions are: how can I file for divorce while he is not in the country? Also, if he decides to make it hard for me, what can he possibly do to slow down the proccess and have me miss the deadline for application? Finally, if he does decide to give me hard time, how long can it take before finalizing the divorce? We have no children, and I won't be asking for any money or property or anything at all. He can't ask anything because I make below minimum wage. Advice whould be sooo appreciated.

Asked on 10/05/09, 8:13 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

0 users found helpful

0 attorneys agreed

You need to hire an attorney who will aggressively seek your divorce by alternate service means and appropriate work within the Courts. This is not impossible; I have handled such matters a number of times, as have other attorneys here. The key is to get the matter moving sooner than later, and to seek the most rapid process available. You should not seek to do this on your own. Please feel free to contact me should you wish a free consultation.

Answered on 10/10/09, 8:39 pm

Mark as helpful