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I filed for vawa couple of days ago. I am still legally merried to abusive USC. I want divorce him. What ground should be best?

Brooklyn, NY |

Sould I file for divorce based on cruelty or just irreconsilable differences. I know he is going to fight for cruelty even though I have pictures of his illigal substances, police reports, eye witnesses, voice mails with different threats, though I never sought restraining order. I just run away from him. Currently I am under the care of psychiatrist and receiving psychologycal counceling. I am not sure if I am Psychologically capable of withstanding his fights against me dening cruelty. he is very vindictive. We do not have children or any assets to fight about. He also wants to file for divorce - no fault. Any responce will be helpfull.

Attorney Answers 4


  1. Talk with your counselor and a family law attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. I recommend filing for divorce under no fault grounds. You do not need to add another battle to your life.


  3. File for divorce under irretrievable breakdown. You will get your divorce without his consent, not battle, no mess and you will be done with him.


  4. If you file the divorce for no fault and he tries to counter with grounds (such as cruel and inhuman treatment) the Court will most likely grant a no fault divorce to avoid a grounds trial.
    Best of luck.

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