Saturday, May 10, 2014

Does legal separation of unregistered legal marriage in US requires approval from both partners?

Q:  i am in my home country now and possess b2 visa. my spouse is in US and she is a permanent resident. can i process for the legal separation from here or can she process it from there ? how can we get legally separated? i dont have any SSN and tax file number. if i have to apply for any other visa category (j1)independently; should i get legally separated before that for our marriage is not registered yet........

A:  David's Answer:  You can get separated here so long as you consent to NY jurisdiction. You'd need to bear in mind that once NY has jurisdiction, they'll have jurisdiction to do the divorce and any modifications/enforcement thereof. Speak to a Family Law attorney in the Rochester area.  -- David Bliven, Westchester Family Law attorney (

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