Legal Question in Family Law in California

Hi There

I saw lot of threads on your site and would appreciate if you help me in answering small question from my side.

My question is as under:-

I am an indian citizen female 33 yrs Married to US citizen(indian by origin) in 2008 .After marriage we faced incompatibility issues and we decided to quit from the relationship and also my husband was reluctant signing the marriage certificate since from the begining.I have one child from my marriage(who is with me) and after 1 year of my marriage my husband ran away to USA(without informing me) and its been 1 year that we both are seperated(no.divorce yet).

Now i want to go to USA to put up a case on him that I am his wife and he is my childs father.

My marriage is not registered and it was a religious marriage(with photos and video as proof).

Can someone please advice me if I come to usa on visitors visa(if I got that) will I be able to get rights for myself and my baby.I have following proofs:-

Marriage video

Marriage photos,Invitation card

Emails where my husband mentioned me as his wife.

Childs birth certificate mentioning father�s name and his India�s home address(permanent)

Befor leaving for US he puts up a case at me in court that he wants separation and that has his signatures.

Please advice is there any possibility that I can prove my marriage and child.


Asked on 7/15/10, 12:24 am

2 Answers from Attorneys

As I understand your question, you were married in a religious ceremony in India, but the civil/legal part of the marriage was not completed because your husband refused to complete the paperwork required in India. Now he has returned to the US but before coming back here he filed a legal proceeding in India. You want to know if you can file in the US for a divorce. You also want to know if you can come to the US for legal proceedings on a visitors visa.

If your "husband" has resided in California for the last six months, you can file for divorce here. You do not need to be physically present here to get a divorce, unless there is a hearing where your testimony is required. Otherwise an attorney could handle it for you. If your testimony is needed, there are visas available, though I am not an immigration specialist, so I don't know the details.

The real problem you face is that you may not have a marriage that the US courts will recognize at all. The deciding factor is whether the law of India would consider you married. In the US if you have a religious ceremony but do not follow the legal/civil requirements, you do not have a marriage. You would need to prove to the US court that your marriage is legal and binding in India.

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Answered on 7/15/10, 10:09 am
Anthony Roach Law Office of Anthony A. Roach

If your marriage was not valid in India, it is not going to be magically valid here. California recognizes marriages contracted elsewhere, but only if they comply with that jurisdictions laws, and don't violate any special prohibitions here (such as bigamy, incest, homosexual marriage, etc.)

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Answered on 7/22/10, 2:06 pm


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