Legal Question in Family Law in New York

Divorce - h1b holder, spouse in India

I am a H1b holder working in usa since last 10 months.

I am married with 1 kid. Spouse on h4b still in India.

We are not getting along well.

I am opting for divorce. She may not agree.

I read an article in News paper It says h1b holders can get divorce even without showing any grounds.(No Fault divorce).

I am interested in that type of divorce.

I am not interested if it is too expensive and also too lengthy.

please let me know the details and the procedure..

I lived in massacheusetts for 7 months befoer coming here.

so if Mass divorce rules are easier than here I am also ready to take that..

Can you also please explain me that damages that could be if I go for a Divorce.


Asked on 1/18/05, 7:58 pm

2 Answers from Attorneys
John O'Donnell Attorney at Law

Re: Divorce - h1b holder, spouse in India

In New York you must have grounds. Perhaps the article referred to situations where there was no valid marriage consummated. If there is no valid marriage, a divorce is not necessary.

If you need the assistance of an attorney, please feel free to contact me at (212) 971-1384.

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Answered on 1/18/05, 9:49 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce - h1b holder, spouse in India

NY is a "Fault" Divorce State.

The NY legislature has repeatedly NOT passed "NO FAULT DIVORCE" laws, as exist in MA, NJ and some other states.

In NY, the only divorce that approaches a "no fault" divorce, is a "conversion" divorce. Which usually requires a written separation agreement, existant for a year or more.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/19/05, 4:27 am


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