Urgent advise required for divorce

[Simer]

Hi,

I got married in India in Mar 2008, My Marriage is registered in India. I came to US on H1 my wife was already in US on F1 and now she has H1 as well. I moved from her place in Oct 08 due to lot of fights
She wanted to file for a divorce my question is if some can help with :
1 – Can my wife file for a divorce before completion of 1 year of marriage? I mean is there any time ristriction ?
2 – Will the divorce valid in India if she takes divorce in US because our marriage is registered in India as per Hindu marriage act.
3 – Can there be any way I can stop this situation as I don’t want divorce. Apart from talking to parents which I am already doing.
Another Important thing is that we both are indian citizens. Currently My wife is in California and i am in New Jersey

Please advise,

Thanks

[txh1b]

1. No restrictions. Some states have laws that require the couple to have lived separately for 6 months before a divorce can be granted.
2. Read my other post with details on that. http://www.immihelp.com/forum/showthread.php?t=22523
3. Long distance relationships are hard to maintain and mend especially with the time zones and travel time between the two. Try to go for counseling and sort out the issues or move to one place to make the relationship last. May be it is that which is causing a strain in your relationship.

[lifedisapponts]

Hi there ,
sorry to hear about your situation i amkind of sailing in the same boat but we did have misunderstandings after her mom visited us as she woud restrict even us to talk in private and after she(my mother in law ) left my wife followed with my kid to India within 6 months and its been over 2 years she is just postponting of coming back ...she lives with her mom and barely calls and inquires abt me ...i wanted to ask you did u find a answer to your problem ? i mean can one get divorce here in US and if so will it be valid? and any further information will be appriciated.
TC




I got married in India in Mar 2008, My Marriage is registered in India. I came to US on H1 my wife was already in US on F1 and now she has H1 as well. I moved from her place in Oct 08 due to lot of fights
She wanted to file for a divorce my question is if some can help with :
1 – Can my wife file for a divorce before completion of 1 year of marriage? I mean is there any time ristriction ?
2 – Will the divorce valid in India if she takes divorce in US because our marriage is registered in India as per Hindu marriage act.
3 – Can there be any way I can stop this situation as I don’t want divorce. Apart from talking to parents which I am already doing.
Another Important thing is that we both are indian citizens. Currently My wife is in California and i am in New Jersey

Please advise,

Thanks[/QUOTE]

[txh1b]

If your kid is a US Citizen, then you may have some legal rights as a mother cannot take a kid without the consent of the father.

[lifedisapponts]

Hi ,
Thank you what if the child is minor?





If your kid is a US Citizen, then you may have some legal rights as a mother cannot take a kid without the consent of the father.

[txh1b]

The rule is for minors only to prevent international kidnapping.

[Simer]

Hi,
Thanks for the advise - Can you please tell me is california one of the states where husband and wife have to live separatly for 6 month before a divorce can be granted ??? However till date i have not recieved and legal notification from my wife about and divorce filled or not. so does that mean she is waiting to finish 6 months if at all in california its a law to be separated for 6 months be fore devorce can be granted.
Please advise.

thanks Simer


1. No restrictions. Some states have laws that require the couple to have lived separately for 6 months before a divorce can be granted.
2. Read my other post with details on that. http://www.immihelp.com/forum/showthread.php?t=22523
3. Long distance relationships are hard to maintain and mend especially with the time zones and travel time between the two. Try to go for counseling and sort out the issues or move to one place to make the relationship last. May be it is that which is causing a strain in your relationship.