Question #193

Currently, I’m living in NY for the past 18 months, and we were married for almost 16 years, and we have a 14-year-old son. In 2006, during my stay at MI, I filed a divorce case against my wife in India based on Cruelty and abandonment. Finally, my wife came here by taking two years’ leave from her job along with my son. She came here in Apr 2007 and left for India in May 2009, along with my son. She said that she would extend her leave from her job and come to the 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 two months, i.e., the 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 went to India, she was saying that she is not interested in coming to the 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 two years from June 2010. My questions: 1. can we file a divorce from NY based on abandonment? 2. she lived in NY with me for two months along with my son, and an additional two years in Detroit between April 2007 – May 2009. Still, can we apply for a divorce from NY.?? 3? She and my son had a valid dependent VISA until Jan 2011. ? When can we file a divorce by the latest date?? 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 a 14-year-old son living with his 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 before 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 a valid NY Driving License, SSN, bank account, and my son has TIN # and NY city identification card. 7. My wife has a Doctorate Degree (Ph.D.) Holder working as a scientist at a University until today. 8. We do not have any real estate or property ( joint/ individual ) either in the USA or India. 9. She did not work here in the 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 advice so That I can contact you for further proceedings !!