Divorce of Nonresidents

[gssidhu]

I have been in FL for last 5months, I am on temporary work visa (H1) and my wife is on dependent visa (H4) and she is not authorized to work. Can I file for divorce here in US? What will be my wife visa status after divorce? She will have to leave US?

 

[Ohiogal]

I have been in FL for last 5months, I am on temporary work visa (H1) and my wife is on dependent visa (H4) and she is not authorized to work. Can I file for divorce here in US? What will be my wife visa status after divorce? She will have to leave US?

I beleive you will need to be in Florida for six months before you can file. But once you meet the time period, you can file for divorce. Your wife might have to leave the US after the divorce as she will no longer be a legal dependent or you will have to continue supporting her.

 

[gssidhu]

I beleive you will need to be in Florida for six months before you can file. But once you meet the time period, you can file for divorce. Your wife might have to leave the US after the divorce as she will no longer be a legal dependent or you will have to continue supporting her.

Thanks for the reply.
My next question is , what about the custody of my 2yr kid? What are the chances that my wife will get custody even though she is not authorized to work here in US? Moreover she has huntington's disease which is a mental disorder due to which she has behavioral issues and this disease progresses over time and person becomes unable to take care of himself. In such scenario, what are my chances of getting the kid? Thanks in advance.

 

[Proserpina]

Thanks for the reply.
My next question is , what about the custody of my 2yr kid? What are the chances that my wife will get custody even though she is not authorized to work here in US? Moreover she has huntington's disease which is a mental disorder due to which she has behavioral issues and this disease progresses over time and person becomes unable to take care of himself. In such scenario, what are my chances of getting the kid? Thanks in advance.

Read more about Huntington's.

http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0001775/


You may just find that it's your home country which has jurisdiction over your child at the moment. And yes - as soon as you're divorced, your wife's status will change and she will either have to adjust her status based on her own merit, or leave the country.