Question #193: Currently, I’m living in NY for the past 18 months and we were married for almost 16 years and we have 14 year old son. In 2006, during my stay at MI, I filed divorce case against my wife in India on the basis of Cruelty and abandonment. Finally my wife came here by taking 2 years leave from her job along with my son. She came here in the month of Apr 2007 and left to India in the month of May 2009 along with my son. She told that she will extend her leave from her job and come to USA soon. During this 2007 April – 2009 May period my son also studied 6th & 7th grade in Detroit. Again she came here along with my son for 2 months i.e period between April, 2010 – June 2010 and left to India saying that she will come and join soon here in NY. But as soon as she left to India she was saying that she is not interested to come to USA and join with me. Also she asked me to file a mutual consent divorce in India. Then I engaged a lawyer in India for mutual consent divorce but now she is not responding. If she is not willing for mutual consent in India I need to wait for 2 years from June, 2010. My questions: 1. can we file a divorce from NY on the basis of abandonment ? 2. she lived in NY with me for 2 months along with my son. and 2 years in Detroit between April, 2007 – May,2009. Still can we apply divorce from NY.?? 3. She and my son had valid dependent VISA until Jan, 2011. ? when we can file divorce by latest ?? 4. If at all, if we can file a divorce from NY what would be the total cost including attorney fee ? 5. what would be the best time to reach you and how ?? Some more information : 1. we were married in March, 1994 in India and we are Indian citizens and have 14 years son living with mother in India currently. 2. I’m ( 47 Years ) on H1-B Visa and have been living in NY, Long Island since Aug’2009 until today and prior to that I lived in MI from Feb 2005 to Aug 2009. 3. My wife ( 42 Years ) and son ( 14 Years ) has H4 Dependent Visa valid until Jan 2011, later can be extended for few more years. 4. My wife and son recently visited NY from April, 2010 – June 2010 ( 2 Months ) and left to India. 5. My wife and son lived with me in MI from April 2007 – May 2009 ( 2 Years ) 6.My wife has valid NY Driving License, SSN, bank account and my son has TIN # and NY city identification card. 7. My wife is Doctorate Degree (PhD) Holder working as a scientist in a University until today. 8. We do not have any real estate or property ( joint/ individual ) either in USA or India. 9. She did not work here in USA and I’m the only person who supported the family here. 10. I do not need any visitation rights over my son and he is closely attached to her. 11. I just need a divorce without any encumbrance !! I would appreciate your quick advise, so That i can contact you for further proceedings !!

You will be able to file for divorce in NY, but getting your wife’s cooperation will greatly speed up the process
And keep the cost down..

Please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length.

Leonard M. Weiner. Esq./Divorce Solutions