Expert Divorce Settlement Attorneys
Whether you are exploring the option of filing for divorce or are ready to move forward, choosing the right attorney is a crucial first step. Herman Legal Group has been assisting clients with Family Law matters for over 20 years. Our compassionate divorce attorneys in Cleveland, Columbus and Detroit have the knowledge and experience necessary to help guide you through making the right decision for you and your family.
In some instances, divorcing parties can resolve their differences in opinion amicably. Often in these cases, it is in the parties’ best interests to pursue a legal separation. Here, the parties remain legally married while “officially” living apart.
In other situations, conflicts become prolonged and unhealthy, and divorce is unavoidable. Divorce can be categorized into several different areas:
- Fault-based divorce – in which one party files for divorce and alleges fault on the part of the other based on certain grounds.
- Uncontested divorce – where both parties allege no-fault and are able to finalize a harmonious agreement without direction from the court.
- Contested divorce – in which both parties come to an impasse regarding certain issues pertaining to the marriage and the matters are presented to and ultimately determined by a judge
Divorce cases can be a difficult situation for all parties. Decisions must be made in the best interest of the family, and our client’s protection is a top priority. Call us today to set up a free, no-obligation consultation.
Divorce and Immigration
If you are in the U.S. on a visa that was based on your spouse’s application, a divorce or separation may not only be difficult but could also affect your lawful status. Our experienced immigration attorneys can help identify any issues a divorce may cause, and then help navigate the complicated immigration laws and paperwork that result.
- Divorce or separation may affect the legal status of conditional residents. If you immigrated to the U.S. using your spouse’s status as a U.S. citizen or lawful permanent resident within two years of being married, you are a conditional resident.
- Divorce or separation may affect status if your status depends on your spouse’s status. Your status may be affected if it is based on your spouse’s current visa or pending application. For example, if you are married to an H1B visa holder, a divorce may disqualify you as a “dependent,” terminating your legal H-4 status.
- Divorce or separation may not affect your status if you are an unconditional permanent resident, but it can lengthen the wait until you can apply for naturalization.
If you are unsure of your legal status, it is important to consult with an experienced immigration lawyer to help not only determine your status but any possible immigration consequences of a divorce or separation.
What Effect Does A Divorce Or Separation Cause?
The answer depends on your spouse’s status, the immigration benefit you received, how and when you received the benefit, and if you are divorced or separated.
For example, if you received conditional resident status through marriage, that status is limited to two years. In order to become a permanent resident, you must file a “Petition to Remove Conditions of Residence” or “Form-I-751” during the final 90 days of status before your green card expires. Typically, both spouses file this form together.
A divorce or annulment will complicate your ability to convert a green card to an unconditional green card, but not make it impossible. In this example, a conditional resident can file a waiver to the requirement to file with their spouse based on the following criteria:
- Divorce after a “good-faith” marriage;
- Abuse or battery in a “good-faith” marriage;
- Extreme hardship to the immigrant if returned to their country of origin.
A divorce or separation may have other consequences depending on your unique situation and status. It is important to consult with an experienced immigration attorney to help determine how a divorce will affect your lawful status and path to citizenship.