Legal Question in Family Law in California
Registration of Indian divorce USA courts, dismissal of divorce case in USA?
Dear Sir,
I am living in California, USA for last 8 years and holding green card(not US citizen). I got married to my wife in India about 5 years back based on Hindu Marriage. We have 2 year old son from our marriage.
Marriage was done based on Hindu Marriage.
1 year back back my wife moved out of the house and living separately. She filed for divorce in USA, California once she moved out of the house.
I contested the jurisdiction of US courts as the marriage contract was entered based on Hindu Marriage Act. Indian supreme courts do not honor divorce granted in foreign countries. The clause based on which divorce was filed in USA, does not exist for dissolution of marriages done based on Hindu Marriage Act.
After a month of divorce being filed in USA, I filed for divorce in India. Given that the marriage was done based on Hindu Marriage Act. My wife was represented by attorney in Indian courts and participated in the divorce proceedings in India. She asked for maintenance in Indian courts. Indian courts heard the pleadings of both me and my wife and courts granted the divorce in July�2010.
Divorce proceedings in USA are still pending.
Can you please let me know the provision for getting the divorce registered in US courts.
Given that my wife participated in Indian courts and I have challenged jusridiction of US courts and that the divorce has already been granted in India, the case in US should be dismissed as divorce has already been granted in India. Principle of comity should apply here. Can you please let me how can I go about getting the case dismissed in USA. Does it automatically get dismissed as the divorce in India has already been granted or I have to follow some process to get the case dismissed.
Thanks a lot for your help.
1 Answer from Attorneys
Wow! This is why we are supposed to have a test before someone becomes a citizen. I'm going to break this down for you.
This is the United States of America. We're a sovereign nation. You live here. You have to follow our laws. This is our own nation, hacked out of the wilderness. You can't come here, have a small child, and expect our courts to dismiss a case so you can have things your way. When I was in Jordan, I had to follow Jordanian law. I couldn't demand that they follow Arizona law, because that is my favorite state or I am from there.
Where you were married is irrelevant, with the exception of any prenuptial or postnuptial agreement you signed that contains a choice of law clause.
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