Going to divorce before removing condition, who should be the plaintiff?

[ShariNYC 0]

"As far as I know, you don't need a ground for divorce in NY, if you sign a legal separation, and stay separated for one year. Then you can file for divorce, with no grounds. Someone correct me if I am wrong. "

I just went throw a divorce (contested) in NYS so, I can tell you from my experience:

- family lawyers will try to get all the money you have and then some!!... all of them, make no mistake! Don't ever trust them.

- legal separation is the a long, unnecesary and unpredictable road, at the end of the year, if any of the spouses contests the agreement it's going to go on and on... at some expense! ... not recommended!

The easyest and quickest way is for any of you (le't say him) to file the divorce and you will not contest it.

Or the other way around.

But be aware: the USCIS might want to see the complaint (allegations) and they will definetly see the divorce decree - where is mentioned the ground for wich your marriage was terminated.

So, make sure you have a good story. Most couples agree to file under constructive abandonment (wich means that even thow you lived under the same roof, you didn't have marital relations for the last year - so, make sure that the ending of your marital sex life happened right when you got your GC.... because that would look suspicious - of fraud).

Timing is important. Other then that, you could file for adultery on his part and if he doesn't contest it, you will get your divorce decree in a few months (3 or so - depending on the court's calendar for uncontested divorces).

I have a big question here: what do you mean by making sure that the ending of my marital sex life happened right when I got my conditional green card? or do you actually mean for me to make sure that the date of the ending is NOT right after I got the CG.....?

BTW, we're filing under the constructive abandonment, which I have to find out who should be the plaintiff, that will cause me no troble with removing conditions later, or make it looks least suspicious as possible. (He was the one who left me, and yes, the constructive abandonment was kind of true for our case at one point, that's why our marriage didn't work out)

[MihaelaNYS 10]

If he files for constructive abandonment and the time when this started (1 year ago) is when you got your GC then it looks as if you dumped him once you got your residency card (this is what you don't want).

The immigration lawyers that I talked to said that is better if the USC files for divorce.

He is the one who wants out, then you cannot be acused that didn't try to make it work and only married him for GC....

make sense?

I am sure that each case is different ... just make sure you have ALL the possible evidences to proof a good faith marriage.