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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In November of 2014 I married my now husband in New

Resolved Question:

Hello,
In November of 2014 I married my now husband in New Hampshire, US as he is from there. I'm Irish but living in London for 4 years now. My husband moved to London in June 2015 and we lived together however he treated me very badly and I moved out in February of 2016. We can no longer work as a couple. What do I need to do to file for a divorce before he moves back to America in December and does the fact that we were a gay couple change anything?
Thank you very much,
Chris
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
In my opinion my husband married me for a visa to work in the U.K. As he treated me differently almost as soon as we were married. I married him for life however I fear that he may have married me just to work in London.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Do you have the Marriage Certificate?

Is your ex likely to try and oppose a divorce?

Customer: replied 1 year ago.
Good morning Clare,Thank you for your help. Yes I have my marriage certificate in London. We haven't had any contact for over two months. We separated in February and in April we resumed contact and tried to give our marriage a chance for a second time however that lasted three weeks as he doesn't like me seeing any of my friends. The friend I saw is my best friend of 20 years and she has been supportive in anything I wanted to do. In the seven months since I moved out I haven't moved back in. We both know that we cannot be together. He is a Narcisist and pretty much owned me until I put my foot down. His current work contract ends in December and I think that the company that he works for will ask him to stay for a further 18 months so he may oppose the divorce. I need to know if I should send him a solicitors letter requesting a divorce before he moves back to America (if he does decide to move home and not stay in the U.K.) as this would make it much more difficult to secure a divorce wouldn't it? Should I approach him first and discuss the idea? I've been very patient and I just don't want to catch myself by not acting on time. Will the divorce be very expensive? Also, is he allowed to live and work in the U.K. if we are separated?With kind regards,
Chris
Expert:  Clare replied 1 year ago.

My apologies for the delay

What is his visa position?

Customer: replied 1 year ago.
He has a 5 year visa due to his marriage certificate.
Expert:  Clare replied 1 year ago.

A spouse visa is usually for two years?

Customer: replied 1 year ago.
Hello Clare,
He was granted a 5 year visa that expires in 2021. What are the steps that I have now to take as we are definitely finished. Is it expensive?With kind regards,Chris
Expert:  Clare replied 1 year ago.

In that case your separation will not change his visa status.

From what you have said you have clear grounds to divorce him based on his Unreasonable Behaviour

The Court fee for a divorce is £550 - and you can complete the process yourself if you wish to using the process described here

https://www.gov.uk/divorce/file-for-divorce

You can do it even if he returns to the US - but yes it will be more expensive to arrange for him to be personally served if he does not co-operate with the divorce

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare. I'm just wondering about one thing, if my husband has a 5 year visa does that mean that our divorce would not affect his visa. Also, why would he have been granted a 5 year visa instead of a 2 year one? Thank you.