Legal Question in Family Law in Georgia
I am from Indian origin and got married to my husband in india in 2009 under Hindu marriage act.My husband has been working in US since 11 years and i joined him in US after marriage.We both are permanent residents of US (GC holders).Due to marital discord,we want to get divorce.I dont work currently.He bought a house in march 2013 which has my name in title of the house but not in the mortgage payment.Recently due to severe mental abuse from my husband's side i had to come back to my parent's place in INDIA.I came to India in aug 2013 and am here since then.My husband has shifted to the new house in US and has denied me to keep me in his house.I was not able to fight with him so came to India.Now he is telling he wont be awarding me the appropriate alimony.I dont know what to do.He is threatening me that if idnt give him divorce ,the court shall wait for some days and will award a divorce to him and since he is a permanent resident of US indian court cannot file a case on him.Now please suggest me what to do.As his wife how much alimony i should be awarded.Also how much share should i get for the house.The house has been bought under mortgage money.He is paying mortgage every month since may 2013 .the house value would be around 300000$.We will be completing 4 years of marriage this nov 2013.Pls advice ,how should i go about it.Even if i come to US he said he wont be allowing me to stay in the house ,earlier we were staying in a rented apt the time when i came To india.He shifted to the new house when i came to india in aug 2013.If i am filing divorce case in US,and since i am not working ,how will i pay my attorney's fees.Is my husband responsible in paying the fees of my attorney,also pls advice how much alimony and house share will i be getting.Also ,my husband owns certain number properties in India.If we are taking divorce in US,will i be able to get share for India's properties as well.i really dont know how to go about all these things.
1 Answer from Attorneys
You have an interest in the house and any other marital assets. I suggest you return to the United States and handle the divorce here. I do not know the laws of India or if you can obtain a divorce there without his presence. You could risk the decree being unenforceable in Georgia. As to equity and other questions, it is impossible to state how much you would be entitled to. There is simply too much information needed, including what is considered premarital property. You can obtain the services of an attorney and do most of the work while remaining in India. You would have to return at some point for mediation, hearings, etc. Just make sure your attorney is a family law attorney.
Tahira P. Piraino
404/248-0203
Tucker, Georgia
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