Should I hire an attorney for my divorce? How long does it take to finish the whole process of divorce in NYC?

Asked over 1 year ago - New York, NY

Is the immigration and divorce court related? what happens to an immigrant wife if she tries to divorce the husband due to his drinking problems and anger management problems, and now purposely is denying to help the immigrant wife to get her green card, therefore she cannot work because of her status?

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . Hire a matrimonial lawyer who knows about immigration issues.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. David Ivan Bliven

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . There is no obligation on the part of your soon-to-be-ex to help you with your immigration case. As to whether you need to hire an attorney to represent you in the divorce is hard to ascertain from the limited facts provided. I thus encourage you to schedule an initial consultation with a NYC Divorce attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
  3. David Alexander Browde

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, the courts are not related. If you can show that the marriage was not for immigration purposes it will usually not affect your immigration status.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  4. Nicklaus James Misiti

    Contributor Level 19

    5

    Lawyers agree

    Answered . They are not related. You can file for divorce. Regarding immigration you need to speak with an immigration attorney as to what, if any claims you have to remain in the US. There is a VAWA statute for spouse's of abusive US citizens, whether you meet the requirements is fact specific but him simply not petitioning for you is not enough. My firm handles immigration and uncontested divorces in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  5. Morghan L Richardson

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Generally, people can file their divorce without a lawyer but it is a complicated area of the law to try and handle it yourself. It sounds like on top of the divorce, you need advice about your immigration status. I would consult a lawyer that handles both divorce and immigration. Use the Avvo find a lawyer to find someone.

  6. Jeffrey B. Peltz

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . The immigration and divorce courts are not related. Has your husband filed the application for your green card? If not, there is no way to force him to do so. If he has filed for your green card you may be able to proceed as a "battered spouse". You should consult with an an attorney, such as us, that handles both immigration and divorce. You may call us to schedule a free consultation. For more information you may also visit our website. You will find information and videos on these topics.

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Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

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