Can I get a divorce in the US when spouse never visited US and marriage happened in India? 6 Answers as of November 05, 2013

I am married (not registered it was Hindu traditional marriage) but separated from my husband for the last 3 years. My passport has a married status as separated and I am working in USA for last 2 years. Is it possible to get a divorce from USA? Can I marry my friend here? He is American. My visa is about to expire. He wanted to marry me but since I don't have any divorce as paper work I am sure it will cause problem and will also cause problem in bringing my kid from India. How long will the divorce take and how much will it cost me?

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Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Yes, you can get divorced here. Your action must be carefully coordinated with immigration attorney to make sure you don't jeopardize your visa status. If custody and support are not part of the case, then it can be over in 60 days if your husband can be served in India and he doesn't challenge your claim for divorce.. If he does, best guess is 9 to 12 months. Cost can only be determined after conference with attorney.
Answer Applies to: Michigan
Replied: 11/5/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
That could be possible if you had the cooperation of the other spouse.
Answer Applies to: Georgia
Replied: 10/31/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can get a divorce here only if your husband agrees and files a Response in the divorce case here. Otherwise, you would need to seek and obtain your divorce in India.
Answer Applies to: California
Replied: 10/31/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 11/1/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, you can get divorced here. You need to make sure your husband is served with the divorce papers.
Answer Applies to: Idaho
Replied: 10/31/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can, most probably, divorce him in the U.S. It is impossible to predict the cost, inexpensive if there is no opposition the sky is the limit if there is.
    Answer Applies to: Michigan
    Replied: 10/31/2013
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