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Legal separation - please help!

Discussion in 'Married Life' started by desilady13, Oct 21, 2013.

  1. desilady13

    desilady13 Silver IL'ite

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    Dear friends,

    I had posted in a separate thread about my issues, in the 'life without spouse' section and 'married life' section. I needed some advice urgently.

    MY husband (really hoping he will be ex soon) has pretty much contacted every single friend where I live, even people who barely know my parents as well telling them stories about how my parents are separating us! He now has his mother (who shaved her head in Tirupathi, but tells people she did for us in Shirdi, because we believe in Sai Baba!!) with him who are going house to house, crying and telling their sob stories how much they love us, but again his mother who came to US recently did not try speaking to me even once!

    I don't have a lawyer officially yet, but upon speaking to an attorney she had said to wait till my H1 gets approved before I file for separation. Also, I will be not be living (dont want to) be in the same city as my jerk husband, and the kid is with me. So filing in the city where I used to live and have residency means the kid cannot be with me in another city, and has to return to Dad since he still lives in our home. I am with my parents in another city.

    I am unable to bear this emotional drama/blackmail from this psychotic fellow and feel like I want separation now, at any cost! Someone suggested Raksha org here in US for help, but I want legal advice (cost of $250/hr!!) but don't know how to be smart with a lawyer and cover out base and know if lawyer is there to help me or in fr money only? Anyone have advice on how to approach? What I found out is that, he actually googled and co-incidentally contacted the same lawyer as I did (I never knew this), and started telling his side of story, then the lawyer stopped him, and said, ethically i cannot give you any legal advice, as your wife is my client, and i cannot break her confidential agreement (we only had a verbal agreement, i didn't pay her for her services yet as she never asked for it).

    Any advice? Someone suggested I maintain records and start documenting the process before separation. Anyone who went through this, and has kids and lived in separate city from ex-spouse? how did you go through this? Please advice...

    Also, had a very curious thought - I am not an Indian citizen (citizen of another country), my spouse is Indian citizen, while my kid is US citizen. My marriage was in India, and registered as well. I have been living in US from past 6 years (F1 first, then H1, now H4). is IT Better to file for divorce here (and deal with custody etc) or file in India?
     
    Last edited: Oct 21, 2013
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  2. lucky22

    lucky22 Gold IL'ite

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    Desilady,

    Sorry that you are going through this emotional trauma. Be strong and brave no matter whatever he and his evil mom talk or do. I will suggest you to file for divorce in US itself as it takes less time and you also have an added advantage that your kid is a US born, Good luck.
     

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