Legal Question in Family Law in Virginia

I met a girl in India last month and we have decided to marry. However, her divorce has not taken place yet. Her husband is in USA and says that he has divorced her in USA but we could not locate the divorce record.
Husband and wife resided together long time back in 2013 in Ashburn, VA.
Separation took place in August 2013, after the wife left him for India, after a brief stay of about 3 months, as the husband was abusive. So the wife is separated from him for over 3 years and does not want to be with him at all.
There are no kids in the marriage and the wife does not want a single penny from the husband.
The questions:
1. Can she initiate divorce proceedings in County Court in Virginia where her husband resides?
2. If yes, does she need to be physically present for filing and/or hearing the case or it can be done all the way through without her presence?
3.If she is needed in USA, can she travel on a tourist/ B1-B2 visa?
She had a green card from first marriage but that is expired last year itself.
(One USA visa agent in India suggested to get a USA lawyer's letter stating that wife needs to be present in USA for filing case and/or hearing of the divorce case, in which case we could request you to provide such letter.)
Kindly let me know.

Asked on 12/13/16, 7:07 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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1. Yes, she could file for divorce in Loudoun County Circuit Court if she can prove

that she's still considered a bonified resident of Virginia (unlikely) but if somehow

she got over that hurdle, she would still have to be present for initiating such a filing

or for possible subsequent proceedings. (Ans. 2).

3. Yes, most probably.

Answered on 12/27/16, 7:51 am

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