How should I handle an international divorce case? 8 Answers as of January 25, 2011

I have been married to American citizen over 2 years and lived in the USA for a while. My husband has been very abusive and does not help in the process of green card, so no American dream for me. At this point I want to know if I leave the U.S and go back to the E.U, Ireland exactly, how should I handle the divorce? Because he is not very reasonable person and I want to leave this place as soon as possible, so how from there I should act?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your husband is being abusive to you there are ways that you can get help with immigration if you want to remain in the US. An international divorce can be very expensive so it will be fastest if you remain in the US if at all possible.

Contact my office for a consultation if you wish additional information related to your case specifically on procedures and fees. We do charge for consultations but the consultation fee will then be a credit toward the fees for your case if we are retained for further work after the consultation FFA-email signature
Answer Applies to: California
Replied: 1/25/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
If you have any marital property or other important claims arising out of this marriage, you should file for the divorce and finalize it here in this country before you return to Ireland.
However, if such is not the case and you only seek the dissolution of the marriage, then you should be able to file for it in Ireland as long as your husband is willing to cooperate with the process and agree to accept and work with the divorce paperwork generated out of the Irish courts.
Answer Applies to: Virginia
Replied: 1/24/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If your US Citizen husband is abusive please seek help. You may report him to the police and seek help for this. You may be entitled for protection under the Violence Against Women Act VAWA so that you may be entitled for legal permanent residency to remain in the US.
Answer Applies to: Texas
Replied: 1/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry for your ordeal. You can file divorce in your own country provided you can tell the court where to serve the paper.
Answer Applies to: Florida
Replied: 1/24/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You may want to consider filing an abuse spouse petition. As for the divorce you should take of that before you leave the USA.
Answer Applies to: Florida
Replied: 1/24/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Have you considered self-petitioning for a green card under the VAWA provisions? If he is abusive, you may succeed.

    You have a jurisdiction question with this divorce. If your husband has not lived with you in the EU, then he is not subject to their laws. If you are determined to get divorced, you should file from the state where you are now living, get the husband served with process, then leave. You will need a lawyer to monitor your case. You may be able to put your own testimony on the court record (it is called "preserving testimony") before you leave.
    Answer Applies to: Washington
    Replied: 1/24/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    You need to contact a local attorney who specializes in divorces to advise you and get the divorce process started. As to the immigration side of it, you best also contact an immigration lawyer to advise you of the consequences of potentially having overstayed your visa in the US.
    Answer Applies to: Florida
    Replied: 1/24/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You do not have to leave the U.S. The Violence Against Women Act (VAWA) allows spouses of U.S. Citizens who are victims of domestic violence or cruelty to file an I-360 self-petition without the knowledge or cooperation of the abuser. If approved you can apply for an Green Card and remain in the U.S. Also, you can file for divorce before or after it's approved. The important thing is that you do have options available. You should contact an immigration attorney in your area to find out what you need to do.
    Answer Applies to: California
    Replied: 1/24/2011
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