Divorce Proceedings


#1
  1. I have lived in Raleigh from 2009.

  2. My wife separated from me on Nov 22, 2012.

  3. Since I do not have a Green Card, so I obtained Advance Parole from USCIS (immigration) and on the basis of advance parole,
    I came to India in Apr 2013.

  4. I intend to stay in India up to the validity of Advance Parole and the validity is up to March 2014.

  5. My wife intends to file for divorce in Nov 2013.

  6. I intend to contest the divorce proceedings.

  7. How can I communicate my genuine circumstances to the Court to request for hearing of the divorce case in April 2014 ?

Please advise.

Heartfelt thanks

Ashok Sharma


#2

To contest a divorce, you have to file an answer detailing your contentions, and if the complaint is faulty, you may also need to file a motion to dismiss. She may set the divorce hearing prior to the April date of your choosing, and you may have to file a motion to continue and state that you are unable to be present, but whether the court grants it, is at the judge’s discretion.


#3

Ms Kathleen,

Thank you for your reply.

I shall suitably amend my arrival date in U.S.A.

Presently, in India I am living on my pension (former Indian Army Colonel). Upon arrival in Raleigh, I will stay with a friend and explore opportunities for an IT job based on the training that I am presently attending in India. How can your law firm help me to contest the case ?
I will initially have financial difficulties but I will be able to pay your fees on a installment plan basis. Kindly bear with me in such difficult circumstances.
I want to request the court to order counseling sessions as I am confident that it will help me to save our marriage. The window of time will also help me to secure a job on H1b sponsorship and so in the event of a divorce I will be able to save myself from being on a illegal status. If I am not earning in U.S. then in the event of a divorce, am I entitled to alimony and air ticket back to India from my ex-wife ?

Please advise.


#4

If you would like to discuss contesting the divorce, please contact our office to schedule a consultation. Whether you are eligible to obtain alimony will depend on other facts. If you are scheduling a consultation, you should discuss all of the issues pertaining to support and property as well.