Q: Married husband in ‘18. Broke up and havent talked since. Trying to get divorced. He is living here but no papers
Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not live together
A: In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense to get married solely for the purpose of status :to get a green card. I have defended such a case in Federal court.
A: If you both want the divorce it should be no problem. If there are no children and no joint property and the both are willing to sign an agreement, this would be a very typical uncontested divorce. Contact an attorney who can accomplish this.
A: As long as neither of you are contesting the divorce, the grounds would be DRL 170(7) which is a breakdown of the marriage for 6 months or more. You would simply submit the required documents to the court. It looks like you are posting this from out of state so jurisdiction may be a problem if neither of you lives in NY for the required time period.
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