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I are indian citizen with green card. How do I file for divorce. Can I divorce in india or Usa

2007-02-01 09:14:30 · 9 answers · asked by kumarDev g 1 in Politics & Government Law & Ethics

9 answers

You can get decree of divorce from any of these places this is general principle usually applicable in all the enactments applicable to any form of marriage solemnized in India (as you did not mention what religion you belong & under which form of marriage you had under gone) :- 1) the court under whose jurisdiction the said marriage was solemnized. 2) The court under whose jurisdiction both the parties last resided together. 3) The court under whose jurisdiction the respondent (other party) at the time of presentation of the petition, resides. 4) in the court under whose jurisdiction the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he was alive.
Now as you two are residing in US you can apply for divorce in US itself but it will be decided under the India Matrimonial Law as you two got married under the Indian Matrimonial Law. Best get in touch with an Indian Lawyer practicing there to move this petition in the appropriate civil court.

2007-02-01 17:55:34 · answer #1 · answered by bisexualmale s 6 · 1 0

USA Divorce may not be applicable in India in certain cases. So lawyers advice to take a divorce in India. If this divorce is a mutual consent then ask your wife. Usually in India, divorce takes long time.
Out here you may have to wait for 6 months to one year.
Ask your friends in India and here. Get some info about the validity of divorce in USA esp for NRI's.

2007-02-01 10:30:21 · answer #2 · answered by Manisha 2 · 0 0

Until there's a legal order in place, she's within her rights. Child support is a completely separate issue from custody/visitation. I know that when my ex and I divorced it was written in the temporary orders that there were to be no "overnight" visits with anyone of the opposite sex while the children were around. (And yes, they CAN do this.) Doesn't matter if you live with him or not. If that's in the papers that the judge signs off on, that's how it is. Once the divorce is final, that temporary order no longer stands. If HE filed for divorce, he should also have filed temporary custody orders. He left the home, left the kids there without any custody arrangements. Divorce may take time, but it doesn't have to take over 2 years (if, in fact, you weren't around before the divorce was filed). And who cares if you're wealthy? That's got nothing to do with anything.

2016-03-29 00:25:31 · answer #3 · answered by Anonymous · 0 0

First, are you sure you want to divorce? Since you must be in the USA, I would say to contact an attorney in the city where you are living. That person should be able to give you all the information you need.

2007-02-01 09:20:15 · answer #4 · answered by gigi 2 · 0 0

Where was the marriage registered or solemnised? You can do that in the countrty where you live. But, it is better to do it, in the country where the law which registered or recognised your marrige.

2007-02-01 18:19:39 · answer #5 · answered by Anonymous · 0 0

Try to solve your problem talk talk talk each other make divorce is your last choice.

2007-02-01 09:23:20 · answer #6 · answered by nick 2 · 0 0

only in india

2007-02-01 11:04:31 · answer #7 · answered by keral 6 · 0 0

if you are in u.s consult an attorney of your area where as in india you can approach an advocate.

2007-02-01 09:24:58 · answer #8 · answered by ganesh n 5 · 0 0

wherever you want

2007-02-01 09:17:34 · answer #9 · answered by Anonymous · 0 0

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