Indian Citizen Divorce in USA?
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Indian Citizen Divorce in USA?
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I am an Indian citizen residing in USA on H1B visa, my wife is also a citizen of India and she is also here in H1B. Our marriage is registered only in India (under Hindu Marriage Act). Can we file for a divorce in U.S, if yes what can be the basis & how. I am assuming there would be some kind of resistance from my wife's part, as her extra marital relation would not marry her. Please suggest
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vijay m Indian Lawyer
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I will suggest not to do this in USA rather when you are back in India (as you both are on H1 visas) to get the marriage dissolved by divorce by mutual consent from Indian court which has jurisdiction to grant you decree of divorce under the Hindu Marriage Act,1955 under which you got married & even got that registered in India.
The US court has no jurisdiction to try or grant you decree of divorce under the said Act of 1955. The Divorce even if you get from US court based on Common law would not hold valid in India if the provision of section 13 of the Civil Procedure Code are infringed or provided conditions under this provision are not followed as held by the Supreme Court of India in numerous cases regarding to foreign decree of divorce.
Let me make one point very clear to you that the H1 visa you guys hold is not a open invitation to you by the US government that you will be granted P.R. later on as a matter of right, you may be asked to leave the country anytime if the Obama government one fine morning cancel the H1 visas granted to Asian specially to Indian citizens for the reason of unemployment of US citizens in USA. in such case your divorce proceedings in US & money you spend there on lawyer which itself is a big project from Indian point of view will just go waste. This is my free advice to you, whether you follow it or not is up to you. |
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jimm_b
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No , Go home |
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YogPat
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Do you have SOLID proof of her extra marital relations? If YES, then correct and safer approach would be file divorce in India. It would also minimize alimony/spousal support if you can prove it in India. It will not be easy if she resists.
If you just want easy divorce, you can file it USA assuming you meet the residency requirement for particular state/county. This divorce would be valid in USA, but its validity would be questionable in India. If your goal is to stay in USA permanantly (or at least for long time), this would be easy way out. Thing to remember is that most courts will split your asset down the middle in USA (not the case in India). One advantange would be you would be almost guaranteed divorce even if she resists. |
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Fuga
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you cant get divorsed here. your marriage isn't even considered real in the US .. go back to india to get a divorse!!! |
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