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Priyadarshini (softwareengineer)     25 February 2014

Can i file for visa during divorce?

Hi , I am currently in the process of seperation with my husband. I am planning to move abroad. Sources close to me warned that , the visa and other legal things would get affected and i can plan for trip once the divorce is issues.


Experts Please advise.


 9 Replies

Gautam Kapoor (IT professional Studying Law)     25 February 2014

@Priyadarshini ,

VISA -> Im not sure which countries DO NOT grant visa to applicants that are undergoing seperation/divorce.In my knowledge none.

LEGAL -> Is you case being contested ?. If yes, then it might be difficult for you to travel with a case pending as you might be called for mediation,counselling ,trial and so on, opp party might drag the case.. the possibilites are many.

If not, I dont think it should be a problem.



Sandeep Hegde(89 717 84 550) (Advocate)     25 February 2014

Yes. you can apply for VIsa and go abroad. But you wont be able to get divorce.

What is the status of your Divorce Petition?. In your absence the divorce petitioner filed by you wont survive long. It way get dismissed.

If your visit is short you can file it once again after returning from the trip. what happened to your negotiation for MCD with husband?

Even now you can contact your husband and convince him to appear before the court and give consent to divorce. It wont be problem to him as you are not demanding maintenance. 

If you both are not able to negotiate and come to terms engage elders or your advocate to mediate. 




Sandeep Hegde



Priyadarshini (softwareengineer)     25 February 2014

Thanks guys..


It is a contested ones. But we are trying hard for MCD as the contested would be taking more time than required.

nikhil singh (Advocate)     25 February 2014

No country can decline visa on the basis that divorce petition is pending. Apply for the visa no law bards you for granting the same. For any further query you may contact 09352444446 Law-Consults.

gd dy (gd dy)     27 February 2014

from ur current as well past threads,
seems it is nothing bt urs is an one of common cases of prevailed bitter reality of married life scenario in general where there is absence of COMPROMISING NATURE and having willingness to go to any extent to soothe inflated EGO and also lack of PROPER MEDIATION by  experienced MEDIATOR which result in a row between not only couple but also between their elder ones result in massive ugly ego battles leading to an AVOIDABLE divorce/separation in their married life of from day [1] one to […..] so many number of years.“


case of cheating or feel cheated frm own calculation.

queriest  doesnot care to specify whether she will go abroad fr settlement, long stay or pleasure.
one has to clear about it before legal advisor inspite of paying fees. and get the advice accordingly.

gd dy (gd dy)     02 March 2014

in ur posting somewhere u state tht

inspite of your offering MCD w/o maint. ; alimony etc.[ fr which nw a days whole husband community fought tooth and nail to avoid ] and ur hubby is nt interested. gr8 !!!

one thing is clear
either ur hubby is mad enough for nt grabbing this golden opportunity
or u knw better...

anything is possible in the world so only say tht in prevailed scenario it is hard to swallow.

anyone can feel tht something is missing somewhere.

gd dy (gd dy)     04 April 2014

one know specialty of own spouse only when he/she wants to QUIT from that relation.

there r persons having mentality to held responsible own spouse  for act of others to justify own decision for divorce.

nikhil singh (Advocate)     05 April 2014

Yes. Divorce is civil procedings. There is no compulsion of apperance before learned Court. But at the time of avidence your pressence is required.

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