Jackson, GA Divorce Law Firms & Lawyers

It all depends on a number of  factors. If you are seeking an uncontested divorce, you may be able to obtain a hearing within 31 days after filing.  An uncontested divorce means the spouses agree to all terms.  If there is a dispute on any issue, it is not an uncontested divorce and the time frame for obtaining a divorce will be extended.  When you file a contested divorce, a temporary hearing can be requested to address temporary spousal support, visitation, custody, and possession of the marital residence.  The judge's calendar and the ability to serve the respondent spouse will dictate the timing of the temporary hearing.   The judge can also order mediation or you can request mediation.  Mediation may resolve all the disputed issues and push the timetime up  for obtaining a divorce.  Otherwise, it may take upwards of 9 months to a year (if not longer) from filing to final hearing to obtain a divorce.  Six months is taken up with discovery.  If there are multiple disputes with minor children, the process can be very long. 

Sorry to learn about the problems with your marriage and your consideration of divorce. A foreign national who has become a Conditional Resident through a marriage-based petition indeed may divorce. During the 90-day period when the foreign national is required to file an application to remove conditions, she may do so by herself with a request to waive the usual requirement that the couple file the application jointly. To succeed with that, the USCIS will require convincing documentary evidence that the couple lived together in a bona fide marriage notwithstanding that the marriage ended in divorce. If the petition to remove conditions were to become denied, it indeed would be possible for the foreign national to become married to another U.S. citizen and to commence a new marriage-based adjustment of status application. In that process, however, the USCIS can be expected to require proof that both the first marriage and the second marriage were bona fide and not entered just to seek immigration benefits. The details and circumstances you described, and their connection with immigration-related strategies, are complex. If you are unable to resolve issues in your present marriage - perhaps with the assistance of a marriage counselor or other professional - and you decide to become divorced, you should consult with an immigration attorney to address immigration-related eligibilities, options and strategies.

There are only a few grounds parties can base an annulment. Unless one party is willing to admit to commuting fraud a Nullity will not be granted. You can file for summary judgment if you qualify which is probably the least difficult and least costly process. You qualify if ALL of the following apply: You and your spouse: Have been married for less than 5 years (from the date you got married to the date you separated); Have no children together born or adopted before or during the marriage (and you are not expecting a new child now); Do not own any part of land or buildings; Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations"); Do not count car loans. Have less than $38,000 worth of property acquired during the marriage (called "community property"); Do not count your cars. Do not have separate property worth more than $38,000; Do not count your cars Agree that neither spouse will ever get spousal support; AND Have signed an agreement that divides your property (including your cars) and debts. If you qualify, you may not even need to appear in court. Good luck.