Legal Question in Family Law in New York

Steps needed to obtain divorce & annulment when immigration issues are involved.

I am an american citizen who had and arranged marriage (07/99) in India. We were together for only 9 days after the marriage, not giving me a chance to really get to know him. He came to NY 6 months later(02/2000). Not even a month had passed before I learned that he was abusive. He left my house (we were living with my parents) at the end of 06/00. I have no idea where he is now. He is here because he is married to me. I want to file for a divorce & an annulment. What is the procedure not knowing where he is & what is the likelihood of him getting to stay in the country? I would prefer him not to be allowed to stay here. Is there anything that I can do to have him deported (sent back to India) once the divorce & annulment go through?


Asked on 3/12/01, 9:38 pm

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Steps needed to obtain divorce & annulment when immigration issues are invol

First, you should know that divorce and annulment are mutually exclusive remedies. You may have one, but not both.

In my opinion, you may have grounds for divorce based on cruelty and abandonment.

The procedure is not a problem. Any experienced matrimonial attorney will know how to get him served.

The immigration issue does not limit your right to get a divorce. The INS consequences for your husband is an issue best discussed with your attorney, in person.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 5/24/01, 9:54 am


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