Legal Question in Family Law in California

Re: Divorce for an indian coming to USA on H1

If you are coming to California, you will have to live here 6 months before you can file for divorce. Even then, the court will only have enough jurisdiction to make you single. The first possible date you could be single would be 6 months from when she is served with the papers.

You may or may not qualify for a nullity of marriage. That does not have the 6 month waiting period.

Re: Divorce for an indian coming to USA on H1

Since you got married in India, only Indian Courts can grant you a divorce.It will take you six months in India to get a divorce if your wife is agreeable.

Re: Divorce for an indian coming to USA on H1

Yes, you may apply for a divorce in USA provided you qualify for a divorce on grounds of frigidity. In case your wife is agreeable to such a divorce, you may also apply for a no fault divorce.

However, since you are still in India, the best course will be to apply in India, since in any case, if there is no consent of the wife, the divorce petition may not be taken up for hearing until 18 months have passed from the date of filing.

Re: Divorce for an indian coming to USA on H1

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Wow!! You've received a lot of bad advice. In California you can file for a "Legal Separation" with no residency requirement. After you've been in California for six month's you can "convert" your court case to a Divorce with no additional waiting period. Most foreign countries recognize a valid U.S. divorce, but you might want to check with an divorce expert in India just to be sure.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Divorce for an indian coming to USA on H1

Under the Hindu law, the court in USA will have to jurisdiction to entertain and try the divorce proceeding against the spouse for marriages taken place in india. If both Husband and Wife are in USA, then either can apply under the law of that state, if possible. Some states in usa require domicile condition for a min. period of six (6) months. so, the state where you would be going is also relevant, which at present is not known