Legal Question in Family Law in California

Re: Is an Ex-parte divorce judgement passed in USA valid in India?

I am afraid so, madam. Under U.S. law, the marriage is a "res" (or "thing") residing in the state of residence of either party. If your husband is a legal resident of California, the State of California under it's laws will have the power to grant him a divorce under the sole grounds of "irreconcileable differences" (meaning basically we don't get along), and he will be ultimately granted a divorce.

The laws of divorce jurisdiction are not fundamentally different in the UK or other UK commonwealth nations, although I will not speak for the laws of India although I believe they are consistent, but the state of residence of an individual may always grant a divorce to a party that resides there.

U.S. law is indifferent to the religious views of any religion by constitutional mandate. Therefore, however moral, your hindu faith cannot change this result. The U.S. constitution forbids the recognition of the laws of a religion in any legal dispute.

I believe you said you appeared in the action by answering. Therefore, this divorce is not truly "ex parte". You have asserted and continute to have a right to be heard in the proceeding and wage all issues of support, custody, etc. You may not have to accede to the jurisdiction of this court on these points, if you don't want to, but you do have the right to.

As to the validity of the judgment, under international "comity" principles, if the judgment of divorce issued by the U.S. court is issued with valid jurisdiction over the "res" of the marriage (and it probably will be because it appears he is a resident there), it will likely be recognized by the court of a foreign nation which follows similar due process principles and also extends comity to U.S. decrees, at least on the narrow question of whether the parties are divorced. By this, I mean, that I suspect Indian courts would probably recognize it along those lines and principes. Of course, you should consult with an Indian attorney to confirm this.

Re: Is an Ex-parte divorce judgement passed in USA valid in India?

Madam. In focusing specifically on your question, I overlooked mentioning one potentially favorable point for you. California is what is known as a "community property" state. This means that the wife is generally entitled to a minimum of as much as 1/2 of the property acquired during the marriage, regardless of who earned it. This is a fairly favorable standard. This is an aspect of California law that tends to be favorable to women. So, it might be a good place to litigate property issues.

Re: Is an Ex-parte divorce judgement passed in USA valid in India?

We don't practice law in India. However, if you were married under Hindu law, and, if India is not part of the Hague Convention, then, any judgment in the US only binding in the US. Good luck and thanks for inquiring.

Re: Is an Ex-parte divorce judgement passed in USA valid in India?

If you husband had been a resident of california for six months and you have not been, juridiction may be an issue. A divorce may be granted by default if you do not make an appearance, therefore it you wish to protect your property rights you may wish an attorney to appear for you. Please call me directly at (619) 222-3504,