So my friend is currently on F1 Visa and so is his wife. Both are studying. The wife abuses, creates drama and fights with him all the time. He wants to separate but wifey does not. She thinks this is normal. He is afraid that if he confronts her about a divorce then she may do something to herself and blame it on him to the cops. Marriage is registered in India. What are his options? Has anyone gone through a non mutualy consentual divorce? Does he have to get divorced in the US and/or India? Any suggestions would be helpful.
Better stay separated for a while with mutual understanding until both realize they can live without each other..
I believe the woman is manipulating the guy. Yes he can get divorced in us too. But each state has its own laws. Being on f1, to go through a divorce could be expensive. One way to solve this problem is, to make his wife realize that, what ever manipulation she is trying to do is only backfiring. Tell the guy to go live separately and not go back for few weeks at least. if she realizes the cost of all the drama, she will learn a lesson and things will be right. Or if she is too adamant, it is still good for your friend. Good luck.
The best option is to travel to India, get your parents involved, get divorced and return to the US as individuals.
This.
Getting a divorce is a shitshow. But is doable. Tell him to do it. He will have a better quality of life.
If he really has a fear of her calling the cops, I'd definitely advise him to get the fuck out of there and only ask for the divorce when he has witnesses and can reasonably defend himself from any sudden false allegations. If he thinks it can't get worse, trust me it can. My wife made a blatantly false allegation against me to leverage her green card. She was here sponsored by me. I overcame the charge, but not without spending a couple of nights in jail (mandatory arrest laws apply even if there is zero evidence), lawyer fees, her emptying my bank account while I sat in jail, and lots of stress and uncertainty. Today's environment makes it extraordinarily easy to make unsubstantiated allegations against men. If you suspect any foul play could come from her part, get away and minimize any chances of false allegations.
If both people live in the US, they can file for divorce in America, no matter where they actually got married.
There was an incident where cops were called and the cops came and saw that it was just a fight and warned them that they would both get arrested next time around. Can they even do that?
Yes, happened with a friend of mine. When you wash your linens in public, not everyone is going to like that. The ugly part was the second time his wife played foul and he got arrested.
Yes, if the victim alleges any kind of assault, here in Seattle (as well as many other places), a mandatory arrest is required. Even if there is no evidence whatsoever. Additionally, they are discouraged from arresting both parties, which effectively means the male will get arrested: https://www.kingcounty.gov/courts/superior-court/juvenile/step-up/what-to-do/DV.aspx The only requirement is "probable cause" which is defined as a > 50% chance that an assault happened. And "assault" is defined as any "offensive" touch or threatening gesture (which does not even require you to touch the person). The bar for arrest is extremely low and very easy to abuse via a false allegation.
First thing to save his ass, to move out and stay away and keep an evidence that he never went close to her. Next thing, when he is emotionally moved on ( or at least he is sure about moving on) file for divorce and get a restraining order.
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I believe the laws differ by state. Perhaps his University has free legal counsel.
The university counsel told him that being on F1 does not give him the same rights with regards marriage laws as citizens in the US and he should tread very carefully.