Dissolving of 13(1A) with existing SPA & opening 13B with new SPA
Thanks so much for this platform for giving us a chance to ask some questions which are unanswered or to confirm the answers given by our attorney or their group.
Here is my case in brief:
This case has lot of twists and turns. So just giving the case background below:
We are married for 8 years. It was love marriage. Both families accepted later. When I married her, her family knows that she has done BSc and BPT and my family and myself know that she has done BSc and discontinued BPT, as we were class mates. She agreed to come to U.S after marriage whenever I go. We stayed in India for few years. After two years of marriage, I found her certificates which showed me that she hasn't completed BSc. I called her parents and showed them the proofs and told them that their daughter is only 10+2 and she has been cheating all of us. I left her in India for few years with her parents consent for her basic degree education and my masters. Later when I asked her to join me after her BPT degree completion, she joined me for 6 months with force from her parents. She used to complain that she can't work abroad.
My wife asked me for mutual divorce as she doesn't want to come back to abroad when she went to India for vacation. Upon inquiring as to why she is behaving strange, we all found that she is having an affair with one guy. Her friends confirmed the same. Still I denied her request for divorce because of love on her and approached her parents and family. They all supported me and started convincing her. She left their house and is not in contact with any of them from a year. She had filed divorce case under 13 (1A), because of wrong guidance in April 2014. It is still running with my Special power of attorney as I am unable to come to India. Their parents came to court traveling 6 hours from their house and haven't seen her in court all the times they came and they stopped coming. Now the case has been moved to Mediation center and I am above to get divorce under 13 1A. She is ready to remove allegations in writing and she is also not seeking any Alimony and give it to Mediation center. Mediation Center director says that if the allegations are withdrawn, 13 1 A will not stand and so no divorce can be granted.
But as I will have allegations on me on file, which are not true (Even her parents, family, extended family, her friends are supporting me and ready to come to court to disprove the allegations). But my lawyer said that I may also need to come to India if I challenge the allegations. So as I would not like to come, I requested him to get 13 1A case closed altogether and then re-open 13B. He says we need to wait 6 months to file case under 13B for divorce. Once filed, we can get the divorce the same day. He also says that I need to come there as 13B requires physical presence of both the parties and SPA is not allowed.
I would not like to convert 13 1A to 13 B as allegations will be on file. So I would like to close this 13 1A case all together and open fresh 13B case. Please advise my next move. I don't mind waiting for 6 months also as long as allegations don't reflect in the divorce petition. Sorry for the lengthy information. Just trying to be clear about my case. Please let me know if you need any other information.
Any information or legal advice in this regard is greatly appreciated.