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Ibrayeva v. Kublan

2012 WL 6114971 (2012)

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Ibrayeva v. Kublan

Virginia Court of Appeals

2012 WL 6114971 (2012)

Facts

Assel Ibrayeva (defendant) came to the United States on a valid visa in 2003. Ibrayeva met Andrei Kublan (plaintiff) when he represented her at a hearing in immigration court in 2007. Ibrayeva asked for voluntary departure, and the immigration court ordered Ibrayeva to leave within 120 days. However, before the 120 days elapsed, Ibrayeva and Kublan married. After the marriage, Kublan filed a petition for alien relative to allow Ibrayeva to remain in the United States. The couple had one child during the marriage. In March 2008 and May 2009, Ibrayeva was arrested for assault and battery against Kublan. In November 2010, the couple learned the petition for alien relative was denied, and Ibrayeva asked for voluntary departure, which was granted in December 2010. In January 2011, Ibrayeva was again arrested for assault and battery against Kublan, and the couple separated. In March 2011, Kublan filed for divorce. In October 2011, the trial court adjudicating the divorce denied Ibrayeva’s motion to set aside the premarital agreement, meaning the equitable-distribution and spousal-support issues were resolved as dictated in the agreement. In December 2011, the trial court entered a custody-and-visitation order, granting Kublan custody and visitation for Ibrayeva. In February 2012, the trial court heard evidence on the grounds for the divorce, namely cruelty by Ibrayeva against Kublan. Ibrayeva objected to a divorce granted on the ground of cruelty because it would likely lead to her deportation. However, the trial court granted a divorce on the ground of cruelty, and Ibrayeva appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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