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  • U.S. divorce judgement is valid in India?

    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.

  • #2
    Yes, if you get divorced in US, it is valid in India.
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    • #3
      U.S. divorce judgement is valid in India?

      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

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      • #4
        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.
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        • #5
          U.S. divorce judgement is valid in India?

          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.

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          • #6
            We are NOT attorneys.

            Read https://www.immihelp.com/disclaimer/
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            • #7
              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.

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              • #8
                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.

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                • #9
                  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.

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                  • #10
                    DVOR followed by a TRO

                    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.

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                    • #11
                      US divorce may or maynot be valid in India depending upon whether it was mutual, contested or ex-party. India does not respect US/foreign divorces unless the grounds and proceedings are compliant with the Indian law. India is not a party to the Hague Convention or Private International Law. You may need to also get it validated in India. You need to be concerned only if the ex spouse is vindictive. Even people who got contested divorce in US have been later jailed and harassed using false allegations under section 498a. Check out for stories on how simple divorces got transformed into multi-year battles. The site provides help to people who are facing harrassment due to gender biased laws in India.

                      Please don't follow the attorney's advice blindly. Make sure that the attorney has your best interests in mind.

                      Disclaimer: I am not a lawyer and this is not legal advise.

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                      • #12
                        will it be a no-fault divorce if mutual

                        Hi
                        Since US divorce is valid in India if mutually contested, and dont have any issues that needs mediation or attorneys' can no-fault divorce be filed??? do the couple have to stay seperately for 18 months or cna they file on the grounds of irreconsilable differences?? and the divorce has to be shown at the place where the marraige certificate is obtained and get that cancelled right?

                        Please let me know.

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                        • #13
                          Divorce can be obtained at any county where the couple has maintained residence based on the state law. It could be 90 days preceeding the filing of the divorce that the people should have resided in the county.

                          Each state has a different law for divorce and you need to talk to a family law attorney to discuss various options. For example, in some states irreconcilable differences require the couple to have lived separately for 6 months while attorneys use mental torture as the reason to get around the 6 months rule for divorce involving mutual consent.

                          There is no need to do anything regarding the marriage/divorce at the place of marriage AFAIK.

                          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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                          • #14
                            seeking a divorce after separation...

                            I am a U.S. citizen, originally from India; when I got married, I was an Indian citizen. I would like to file for divorce now, and am curious whether I can really do it from the U.S., as suggested by some of the posts in this thread. My wife will not contest it, so should I just apply here in the U.S., even though the marriage was in India? This will help me to avoid missing work unnecessarily, as I'm sure if I file in India, I'll have to turn up there at least one time, if not more - I certainly don't have the funds to make multiple trips to India. If I file in the U.S., and it's granted here, will I then have to get the divorce validated in India if I ever decide to get married again?

                            I'm truly a "newbie" to this whole process. I don't believe any of us enter into the institution of marriage even THINKING that one day, we might be contemplating divorce. But the sad fact is that life is unpredictable - what seems so wonderful one day can turn sour the next. And now that I find myself in this situation, I just want to get through it, as quickly as possible and leave it behind....

                            ....any advice/guidance would be appreciated. Thank you in advance.

                            Comment


                            • #15
                              The divorce can be obtained in the US and it is valid in India if both of you satisfy the legal residence requirements of the state. You need not travel to India and get divorced there.

                              There are some tricky situations if there is no mutual consent, the divorce can be declared null and void if the marriage was due to Hindu Marriage act by the courts in India. If you get divorced in US, there is some validation procedure that may need to be followed. Check with a family law attorney in US and in India.

                              Good Luck!

                              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                              Comment

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