Legal Question in Immigration Law in New York

divorce

I want to divorce my husband, he wants the divorce as well. I had children before we married, that are not his children(we have no children together). However he had a child with someone else during the marriage. Do i need to file divorce with children, or without children? We have no assets together, apart, or otherwise that i know of, and are not asking for any monetary compensation or spousal settlement. Can i divorce on the grounds of adultery, even thought the divorce will be uncontested? Can i file the paperwork with my county court house., My husband sponsored my immigration paperwork, which i have received already. Last but not least do i need a lawyer??


Asked on 10/17/08, 1:49 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: divorce

I cannot speak regarding your divorce, but I would definitely consult with an attorney regarding your immigration status to ensure that you maintain status while in the United States.

Feel free to contact me directly if you wish to set up an appointment.

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Answered on 10/17/08, 1:51 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: divorce

If you have no children together, then you file that way.

As far as the adultery ground, it's not easy to prove in NY. You will need third-party corroboration EVEN WITH your spouse's admission, and only if it has been less than 5 years since you found out about the adultery. The case must be filed in Supreme Court in your county.

While you do not need a lawyer, be aware that the paperwork is very extensive and very tricky. Many people try filing on their own and never complete the process due to numerous rejections by the court. Rather than enduring the headaches on your own, there are lawyers out there who will handle it at a low price. For example, we can handle the divorce from just $350 plus the expenses for filing fees, court fees, process fees, etc., that you would pay anyway.

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Answered on 10/17/08, 1:58 pm


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