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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default My Husband Filed Divorce Without My Consent

    My question involves a marriage in the state of: West Virginia.

    Hi, I am from India. My husband and me had conflict. He didnt extend my depended visa (H4), I had to go to India. I was trying to reach him on mails/calls but he stopped responding. Now I have seen in a portal that he published divorce notice saying I am unable to be traced and he has used due diligence to determine the address. Therefore,I shall serve upon his attorney address , an answer, including any related counterclaim or defense I may have to the Petition for Divorce filed in this action on or before August 21, 2015. When we have found this and spoken to his parents, they were petrified and saying they would withdraw the filed petition. My questions are:

    Would it be safe to counterclaim even (if) he withdraw petition.
    How can I be informed if he do the same again.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: My Husband Filed Divorce Without My Consent

    You should be talking to your (West Virginia) attorney. The parents have no say in the matter. This is between you had your husband. What makes you think he is withdrawing his case.

    What "counterclaim" do you envision you have?

    If you want to be notified have your attorney notify your husband and his attorneys that he is representing you (he most likely has done this) and needs to be served with any future actions.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: My Husband Filed Divorce Without My Consent

    1 - He didn't need your consent.
    2 - All US states allow for No-Fault divorces so all he needs for a divorce is to want one.
    3 - His parents have nothing to do with his divorce and have no standing to withdraw his petition.
    4 - There is no "defense" to a No-Fault divorce but if you want to respond to his petition and address property division or support you can do that. However, if you have been married only a short time there might not be much to accomplish in that area.
    5 - You can check the family court in his county for his name and/or yours for case information. Can often do it online.
    6 - You can spend a lot of money on a lawyer in West Virginia but I doubt that it will change the outcome.

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