Legal Question in Family Law in California
India citizen staying in USA : Divorce...
I am living in California, USA for last 10 years and holding green card(not US citizen as yet). I got married to my wife in India about 7 years back based on Hindu Marriage. We have 4 year old son.
6 months back my wife moved out of the house and living separately. Recently she has filed for divorce in USA, California. She is asking for :- * child support, * spousal support, * half of property
Given that I am and my wife are Indian citizen and were married based on Hindu Marriage, is divorce in US valid.
Instead of pursuing divorce in US, can I pursue the divorce in India.Reason I want to pursue divorce in India is that Hindu marriage has different standards and adultery is considered much more serious in India as compared to US. I will have better chances of winning the case in India as compared to US. Are there any reprucussions.
If I simply move to India without setlling the divorce in USA. Can US law freeze my assets in US if I do not give half of them to my wife.
Is divorce granted by US court valid in India or can it be challenged in India.
Can divorce in Indian and US courts be filed at same time. How is it handled if it is filed in two countries.
1 Answer from Attorneys
Re: India citizen staying in USA : Divorce...
the divorce would be valid in the US. As to India you would have to consult with an attorney in India.