Legal Question in Family Law in California
Grounds for Divorce in US
Sir,
I am in USA for the past five years on H1b, Recently the relations with my spouse (who is also an Indian) are now estranged. She has left USA and now staying in India. There is no possibility of her returning to USA on H1b visa or otherwise. I am desirous to seek divorce in US. Our marriage was solmenised in India as per Hindu personal laws. Can I file petition for divorce in US where we were lastly cohabiting together? Can my spouse contest the petition filed in US staying in India itself? What is the procedure for summoning the respondant in such matter? And what are the ground for obtaining divorce as per divorce laws in USA?
3 Answers from Attorneys
Reply: Grounds for Divorce in US
You can file fo divorce in California if you have been a continual resident in the State for 6 months and in the county in which you file for 3 months.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Grounds for Divorce in US
You can get a divorce in CA. If she had sufficient contacts with CA, you could also deal with issues other than marital status. If not, you'll get single and that's all.
As to whether or not it will be recognized in India, I do not know. It would be valid anywhere in the U.S.
Re: Grounds for Divorce in US
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://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Residence requirement for Dissolution of Marriage (divorce) in California is six months in the state and three months in the county where you file. Grounds for divorce are irreconcilable differences and incurable insanity. Wife can hire a local (California) attorney to represent her without actually returning to the USA. She would probably have to return for any hearing or trial, only if necessary. There are international conventions with regard to service of process in a foreign country (too complicated to explain here) but it can be done.
Thanks for sharing your interesting inquiry, and good luck with your case.
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