Divorce

[Aelksgamer]

Virginia

Me and my wife had argument on buying home and it lead to physical assault.

My wife hit me first and teared my t-shirt ,I pushed her and slapped on her face .She broke my TV and office Laptop and beat me seriously and i got scratches on my face and neck and wounds on legs and hands and left hand pinky finger is bleeding.

I called 911 for help and i have explained to cops off her behavior but she created other story and told to cops that i'm the aggressive person ,so cops arrested me and put me in jail with false charges.

We have 2.5 yr child and she is pregnant again. Can i apply for divorce?

 

[doucar]

Why not? What makes you think you cannot get a divorce?

 

[Zigner]

Virginia

Me and my wife had argument on buying home and it lead to physical assault.

My wife hit me first and teared my t-shirt ,I pushed her and slapped on her face .She broke my TV and office Laptop and beat me seriously and i got scratches on my face and neck and wounds on legs and hands and left hand pinky finger is bleeding.

I called 911 for help and i have explained to cops off her behavior but she created other story and told to cops that i'm the aggressive person ,so cops arrested me and put me in jail with false charges.

We have 2.5 yr child and she is pregnant again. Can i apply for divorce?

Yes, you can file for divorce.

With that said, I suggest that you stop talking about your crimes on the internet and only speak to your defense attorney.

 

[zddoodah]

Can i apply for divorce?

You certainly CAN file for divorce. However, I suggest you first google "virginia divorce grounds" and read a few of the articles that come up. Virginia still makes getting a divorce a far more complicated and drawn out process than it needs to be. Once you have done that, arrange for a consultation with a local divorce attorney.

 

[Zigner]

You certainly CAN file for divorce. However, I suggest you first google "virginia divorce grounds" and read a few of the articles that come up. Virginia still makes getting a divorce a far more complicated and drawn out process than it needs to be. Once you have done that, arrange for a consultation with a local divorce attorney.

Agree about the attorney. The OP would probably be looking at "cruelty and reasonable apprehension of bodily harm " as the grounds for divorce.

https://www.vsb.org/site/publications/divorce-in-virginia/ would be a good place to start.

 

[doucar]

And you would have to provide independent proof of the cruelty much easier to get it by living separate and apart for 1 year;.

 

[Zigner]

Maybe the ex will file - the arrest would be helpful

 

[Aelksgamer]

I can use the incident photos as proof of her cruelty?
I am in USA with work permit visa and we got married in India,So we can file for Divorce in USA?

 

[Zigner]

I can use the incident photos as proof of her cruelty?

Perhaps - but if you got arrested and she didn't, then they may not help much. Talk to an attorney.

I am in USA with work permit visa and we got married in India,So we can file for Divorce in USA?

Yes, you can file in the locality in which you reside.

 

[Aelksgamer]

My attorney suggested to compromise and settle the matter because it will affect my carrier and don't want me to face unnecessary charges.

My wife said that she wan't to have baby to born in USA,She is asking for compromise and she is ready to withdraw the charges.

I don't trust my wife and she will change her mind any time.

Please help me to decide and take action.

 

[Zigner]

This is something YOU have to decide. I would suggest that you speak to a divorce attorney about this matter.

 

[stealth2]

she is ready to withdraw the charges.

She may not be able to do that - she's not the one bringing charges. The prosecutor is.

 

[not2cleverRed]

My attorney suggested to compromise and settle the matter because it will affect my carrier and don't want me to face unnecessary charges.

My wife said that she wan't to have baby to born in USA,She is asking for compromise and she is ready to withdraw the charges.

I don't trust my wife and she will change her mind any time.

Please help me to decide and take action.

At the point where the police have become involved, regardless of whether the charges are dropped, you need to start taking action to protect yourself going forward.

1) Get yourself in counseling/therapy with a legitimate professional, recommended by a local DV group. Address what YOUR contribution to the situation is, and learn how to interact more positively in your relationships. Yes, that's LEGAL advice.

2) If you have moved out, then document all interactions, and minimize drama by refusing to participate or escalate.

3) If you have not moved out, then physically distance yourself as much from your spouse as possible, so that you can minimize further incidents and therefore minimize credible allegations. No pushing. No slapping. No contact.

Listen to your lawyer: compromise. If things get in front of a judge, you want to be able to show that you are willing to be reasonable.

 

[doucar]

It can be a little different in Virginia. If she went to a magistrate and swore out the miisdemeanor charges herself, she can withdraw them. If the police made the arrest and the Commonwealth's Attorney brought the misdemeanor charges, then the prosecutor would be the one to drop them.

 

[stealth2]

It can be a little different in Virginia. If she went to a magistrate and swore out the miisdemeanor charges herself, she can withdraw them. If the police made the arrest and the Commonwealth's Attorney brought the misdemeanor charges, then the prosecutor would be the one to drop them.

Fair enough - thank you.