My husband and I have been married since 4/15/18. I am a US citizen by birth. We are both residents of Florida. I filed as a sponsor for his 2 year visa, which was approved. I filed for a simplified dissolution of marriage because of infidelity, which he was served with a copy of the petition. I currently filed a motion of default. He hired an immigration attorney, who state in the late reply that he never received the paperwork. He stand to loose his Visa status in the divorce, but I refuse to stay married to him any longer. We have no children or assets together. Is it wise for me to hire a divorce attorney? And is there a good possibility that the process can be dragged out for a long unnecessary length of time by his lawyer. Because I truly believe that that is their game plan, so he doesn't lose his visa. My main question is can his lawyer cause a delay in the divorce, with Florida being a no fault state?
There are actions that can be done to delay the court process. somewhat I don't practice immigration, so I have not idea of the effects of you dissolution of marriage on his immigration status. I definitely advise you to hire an attorney as an attorney will help make a lot or your problems easier to deal with and will provide a better result for you.
The simplified dissolution process requires cooperation of both parties, so yes there are numerous things that can occur to delay your divorce not the least of which is the requirement that your Husband must appear at the Final Hearing for the Divorce Judgment to be granted. You may be better off converting the simplified dissolution into a contested dissolution so that actions your Husband must take to complete the process can be compelled and/or waived by the court.
Daniel Bachert, Esq.
Family Law Attorney, Mediator and QDRO Specialist
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
There are always things that a lawyer can do to delay a proceeding. Therefore, it is highly recommended that you obtain counsel of your own as soon as possible.
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