U.S. divorce judgement is valid in India?

**rajaa100** · 12-01-2006, 02:47 AM

Hi all

I got married in the month of 2004 September in India. My wife left my home and separated from December 2004. My wife has sent notice through indian lawyer saying something against me and mentioned that she was going to file a divorce petition in Indian Court. I have sent a reply notice through my lawyer denying her allegations. That is all. She did not file the divorce petition, even me also when I was in India. Now I came to U.S. this year January, 2006 and I came to know that I can file a divorce petition in U.S. court through attorney here. He told me that within two months I will be getting divorce judgement in the state of Michigan. My parents are worrying about my personal life and my marriage. So after getting divorce judgement in U.S. I am planning to marry a Indian girl in India and planning to take her here to U.S.A in H4 Visa. My question is whether the U.S. divorce judgement is valid in India? Moreover U.S. consulate whether they will accept the U.S. judgement? Please let me know as I am in problem.

**immihelp** · 12-02-2006, 10:23 AM

Yes, if you get divorced in US, it is valid in India.

**rajaa100** · 12-03-2006, 10:54 PM

Originally Posted by immihelp

Yes, if you get divorced in US, it is valid in India.

Thank you very much for your reply. I appreciate it.
One more thing. My wife has not come to U.S. at all with me. She is in India only. Whether I can file a divorce petition here while my wife is there in India? Even then, if I am getting divorce judgement in U.S. whether it is valid in India? I can go to India and marry another girl in India and take her in H4. Please send me a confirmation on this, as I am going to do this right away.
Sorry for the inconvenience.

Thanks
Rajaa

**immihelp** · 12-04-2006, 01:39 PM

Yes, you can file for divorce in US. It will still be valid in India.

It will be much easier to get divorce as she will not be here to argue or comment.

**rajaa100** · 12-05-2006, 11:14 AM

Originally Posted by immihelp

Yes, you can file for divorce in US. It will still be valid in India.

It will be much easier to get divorce as she will not be here to argue or comment.

Really thank you very much for your prompt reply. May I know your name Sir? Because it shows IMMIHELP moderator. Are you a lawyer by profession?
I am filing for divorce today. I will get judgement within two months. Thank you very much.

**immihelp** · 12-05-2006, 02:36 PM

We are NOT attorneys.

Read http://www.immihelp.com/misc/disclaimer.html

**498help** · 02-14-2007, 06:22 PM

My dear friend I am sure she saying something against you means she has filed 498a against you or will do in the future. In case she files 498a then you will be in big trouble as you will have to fight the case in India and she will want to screw you for alimony. Incase you file for divorce from here you will also become one of those who has holiday wives back in india by the feminine and law perspective.

In your future best interest you should negotiate with your wife and settle the case first. Then think of future marriage and the rest.

**tuntuni** · 12-23-2007, 02:03 PM

I came to US with my husband on H4 visa. Currently I am studying and applied for F1 status, which is pending. We have lots of difference. He even gets physical and hurt me a lot. I can not stay with him. I want divorce. I do not need any compensation. How can I file for divorce in USA? Can I stay here after my divorce unless I finish my study?
Please reply me. Please give me some suggestion.

**lifeshiner** · 01-23-2008, 03:38 PM

I am in a similar situation being married in india and seeking divorce in US. I am currently on h1 in US and my wife is in india , her h4 is expired and she can't come here.

Few questions

- Is it possible to get a divorce from her without she being actually present in the US.?
- Any recommended attorneys in Illinois

Thanks.

**knowledgeable** · 01-24-2008, 08:53 PM

For any physical violence related issues, call your local police department in United States and ask them to file a Domestic Violence Offense Report [DVOR]. Based on this you can get a Temporary Restraining Order [TRO] against your offending spouse.

With the help of these documents and a good attorney you can and should file for a divorce.

Initially do not mention that you don't want any compensation etc. Follow your attorney's advice. Let the judge decide first whether you should or should not get any compensation.

You can eventually choose to donate your alimony to charity later.

Good luck.