QUESTION

how can i divorce my wife who i brought here from china a year ago?

Asked on Feb 06th, 2014 on Divorce - Virginia
More details to this question:
Married a woman I met online from China, thought I was in love so I did all of the visa nonsense and now she and her teenage daughter are here in Virginia with me for over a year. Things just aren't working out in so many ways but I have no idea how I can divorce her. She refuses to acknowledge there is s problem as she wants to stay in the US.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
In order to file for divorce you have to have grounds for divorce.  These can be fault grounds, such as adultery, cruelty, or desertion.  The most common grounds are no-fault, which is ordinarily a one-year separation.  A divorce can be granted in Virginia after a six-month separation, but only if you have no minor children together AND you both sign a written property settlement agreement.  In your case, it sounds unlikely that she would be willing to sign an agreement and you did not mention anything that would indicate you have fault grounds against her.  That means you would have to separate from her and live separate and apart for a year before you can file for divorce.  The hard part is that it does not sound like she  will willingly leave the marital home and it is extremely difficult to force someone out of the marital home.  This can usually only be done in cases of domestic violence.  Exclusive use and possession of the marital home can also be granted in a divorce, but you have to have grounds to file the divorce first.  In your case, you may have to move out of the house yourself for one year in order to create grounds for divorce.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 07th, 2014 at 2:00 AM

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