Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
In which state would your girlfriend be residing in the states? Would she stay long enough to establish residency?
I look forward to assisting you as soon as I have received this information. Thank you.
We would be living in Georgia. The goal is for us to be married, so I assume she would be there long enough to assume residency. Of course here visa is only good for 180 days at a time.
I see. Thank you for providing this additional information, Ron.The only way she could typically obtain a divorce in the states would involve establishing residency in the state where she intends to live. In GA, the law normally requires that one of the spouses to a divorce proceeding have established residency in the state for 6 months preceding the filing of the petition for dissolution.Here is a link which summarizes the law on this issue:http://www.divorcesource.com/ds/georgia/residency-requirements-for-a-georgia-divorce-817.shtmlHowever, because she is not a resident of the states, your girlfriend should consult with a local immigration law attorney to ensure she properly establishes residency in the state.If she filed a petition for dissolution after the 6 month period and her spouse did not contest the court's jurisdiction, she could typically obtain a no-fault divorce even over her spouse's objections. However, if he did contest her residency in GA, then she should be prepared to prove that she did properly establish residency even though she is not a citizen of the states.This option would normally represent her best option for seeking a divorce even over her spouse's objections.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.
If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Thanks again and all the best to you.
Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).