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Need legal advice for my ongoing case divorce case?

  • Hello: can someone please give me legal advice for my ongoing case divorce case. i work in USA. I got married in mid-2008 and brought my wife with me to USA on Dependent visa. I found out in few months that she was cheating on me. as soon as i found out that, i took my wife to india and left her with her parents in hyderabad, india and filed for divorce in early-2009. the case is just going on in the court for the last 2 years with very less progress. recently my wife got USA student visa and is now studying MS in New Jersy. she is not ready to give divorce from day one. Lok-adalat, after hearing us, said that our marriage is Irretrievable. Also, i feel that the judge in hyderabad, india is influenced by my wife as he just postpones my case everytime and gives long dates. Judge does not care whether my wife attends court or not but he sometimes insisted my presence in the court. i went to india 3 times because of this and saw nothing happening. when i said, to my laywer that i am tired of this system, he suggested me to file writ petetion "for direction to speed up divorce procedings for family court" in high court. can someone please answer my Qs. Since our indian system is very slow, i was thinking... 1. to file divorce in texas, USA. But i dont know whether this is a good idea to file divorce in USA when my divorce case is going on in hyderabad, india? 2.is it a good idea to file writ petetion "for direction to speed up divorce procedings for family court" in Andhra pradesh high court? i dont know how this thing works and what if the other party does not take the notice. 3. is there any other better way? I am looking to speed up my case, in any way possible, if there is one. i dont know whether the above ideas work. Please advice me here. Appreciate all your help. Thank you in advance. my email: [email protected]

  • Answer:

    You need to talk to a divorce attorney. You don't mention anyone's visa status or where you got married, how long you were living together in what state...

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Your in a tough place trying to manage between both world. I didn't clearly understand. Is she still in India or NJ? If she is NJ, I would prusue the divorce here in the states. Under the U.S system, everyone deserves their day in court andit would not take longer then India. Is she is in India. I would file to a petition to speed up the divorce and get a different lawyer. I would shop around for lawyers and one that is close to the court. The system is tough in India and you can expect a wait. By getting a better lawyer and filing a petition to sped it up, it will work in your favor. In India, its not a favorable place to file for a divorce like its common in the U.S. I wish you the best of luck. Make sure your reasons are good for why you are telling the court you need to speed up your petition. For example, advise them you are already in another serious relationship and you want to get married again. Again, Good Luck

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