Both me and my spouse are on work visa in US. If my employment ended, can I ask the court to dismiss a divorce case (filed by my spouse)?? - as I have to immediately leave the country based on immigration laws and can no longer pursue the case in the US. We both have same country of citizenship and thats where i would return back and would prefer to file a case there. However, my spouse may not prefer that. How can I go past the case filed here?? because I would prefer the case to be filed in my home country instead.
This does not come under immigration laws. I am moving it to family law.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Unless both of you want the case to be dismissed, the court likely is not going to dismiss the case because you lost your job (and likely have to leave the US).
If you cannot physically be in court, your attorney can be or you can appear by telephone.
You can ask your attorney to bring up the issue with the court to find out how the court will decide.
I would recommend hiring an attorney to represent you on the limited criteria of asking for the case to be dismissed because of lack of jurisdiction. The attorney would need more information regarding your situation to be able to answer whether or not the case could be dismissed. Many attorneys will offer a free consultation to help you get started.
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