Legal Question in Family Law in California

Re: divoce law in california for a marriage in India

Your inquery is complex. In the US the divorce would be almost certainly be valid in every state. The legal theory is that if one spouse lives in a state that state has jurisdiction over the marriage. The courts of the state of residence can dissolve the marriage, and divide any property that is within the boundaries of the the state. The courts jurisdiction to make other orders is dependent upon the facts of the particular case.

Once the state dissolves the marriage he can legally marry another woman.

Whether the divorce would be valid in India would depend upon the law there. You should inquire of an attorney in India regarding that issue.

Re: divoce law in california for a marriage in India

Namaste. You must file where your husband is living if you wish to divorce him. If he marries before his divorce then he is violating the law and that marriage is void. Please call me or write if you wish to proceed. (619) 222-3504.

Re: divoce law in california for a marriage in India

Yes, it is possible for the divorce to occur here in California, especially if your husband still lives here. If your husband remarries while he is still married to you, his second marriage would be void, and he could be subject to criminal penalities, its called Bigamy and its against the law in the U.S.

Due to the fact that you are in India, and your husband is in California, some complex issues arise. Please feel free to call me if you wish to discuss the matter in greater detail, I'd be happy to discuss it with you.

As to whether or not you can apply for a divorce in India, that would depend on Indian law, and you should talk to an Indian attorney.

Michael Burt

(213) 384-2220