Legal Question in Family Law in Illinois
Can 2 cases be maintained for same cause
Hi
I am an Indian by nationality and presently living in NJ on H1 B visa. I was married in 1996 in India and have a daughter born in 2000. Me and my wife started living separately since May 2002. I filed a divorce suit in India in march 2003 and after that I came to USA.
In the mean time my wife too came to USA in Nov 2004 along with my daughter (without my notice) and started working in Illinois. This I came to know about 1 month after they arrived here.
When she received the letter in Illinois from my Indian lawyer regarding divorce, her lawyer appeared in the court in India and submitted her part of story. However, after responding in India, where the case is now ready for hearing, she also filed a fresh divorce suit in Illinois.
Now my question is :
1. Can two cases for the same cause between the same two parties is maintainable in two different courts (in India and USA). (My Indian lawyer says it is not possible to maintain 2 cases for same cause in India).
2. Should I respond to the summon issued to me from Illinois. If yes then :
� Can I respond myself directly?
� Can my lawyer respond from India directly in Illinois court by mail?
� Should I hire a lawyer in USA
2 Answers from Attorneys
Re: Can 2 cases be maintained for same cause
Hello. It is best to get representation of an
attorney. Since your child and the child's mother are in Illinois, you should hire an Illinois attorney. You should move quickly because in Illinois a person can obtain a divorce
by publishing the divorce in a newspaper after
proving that they do not know the whereabouts
of the other spouse. Will be happy to answer
any additional questions that you may have. Under these circumstances, it would be useless
to try to maintain your divorce action in India.
Your wife will have an advantage if you do not take action in the State of Illinois. In fact the court in Illinois will apply the "choice of laws" doctrine and will determine that Illinois has a greater interest in having its laws enforced for the benefit of your child than India since your child now lives in Illinois.
Re: Can 2 cases be maintained for same cause
your situation is quite complicated. yes, you need an attorney here in USA. you should consult an attorney quickly, before the Illinois Court takes action against you.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.