Legal Question in Family Law in India

Re: Indian female seeking divorce from her husband in usa

You have not stated a) whether there are children from this marriage b) Whether you got married in India? c) Are you and your husband hindus or not and d) what is your desire ? is it to get a divorce and also a fair compensation for your expense etc

Only on receieving your reply ( to [email protected] & [email protected]) a complete opinion can be given.

Re: Indian female seeking divorce from her husband in usa

hi!

ya u can take divorce from ur husband,but it take minimum 6 months,and i wanna know ur husband is indian or american, where u get married in india or in USA,if u r in big trouble u can call me when ever u feel like, my cell no. is 09872027434,and landline no. 91-0172-2627434

Re: Indian female seeking divorce from her husband in usa

To file a divorce complaint in New Jersey either you or your husband must have resided in New Jersey for a year. That is the most important requirement. The other requirement is that there be a factual basis for the court to grant a judgment of divorce.

If you are able to meet the two requirements the court will decide issues of alimony, child support and the distribution of marriage property between the two of you.

It is not required that your marriage ceremoney took place in New Jersey or that either of you is an American citizen.

For more information please call me on Monday.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Indian female seeking divorce from her husband in usa

You can very well get a divorce in USA, provided you and your husband have been residing in USA for at least one year prior to your making such application. A divorce in USA may be less cumbersome and less time consuming.

You can also get a divorce in India, at a place where either you were married, or resided together. However, the procedure, unfortunately, is quite cumbersome and time consuming. Of course, if your husband consentsto divorce, it may withn six months of the application;otherwise it may well take between 2/3 years. Also, you will have to be in India at the time of final hearing of the application. All other procedure can be handled, from inception till end, by your advocate.

Re: Indian female seeking divorce from her husband in usa

Hi, It depends on how the marraige was registered. was the marraige done in Indioa or in the US. Kindly revert back for further details.

Re: Indian female seeking divorce from her husband in usa

A conclusive opinion can only be given, once we are in receipt of the complete set of fcats, like, Place where the marriage was solemnised, Were u and your husband residing in India, Period of Stay, In USA were you both living together, Period, Any issues from the wed-lock.

Re: Indian female seeking divorce from her husband in usa

If you are married in india and last resided with your husband in india then you have to apply for divorce in india. If you are married in USA and last resided in USA then you can apply divorce in USA.

Personal appearance is necessary in divorce matters and divorce with mutual consent will be the shortest provided your husband co-operates.

Re: Indian female seeking divorce from her husband in usa

Hi madam,

You have not indicated to which relegion you belong. In India, the procedures and grounds for divorce are different for each religion. Where was your marriage solemnised? Was it registered in India or recorded in your passport? Whether it was in India or in US? Is your husband an Indian citizen too? A US court can grant a divorce but that may not be valid in India. If you have properties in India, or if you intend to marry again in India, it is always better to get a divorce in India. Do you have any children? If both of you want a divorce and if you are either a Christian or a Hindu, you can apply for divorce by filing a joint application. That is the easiest and speedy method. If not, you'll have to allege the grounds available for obtaining a divorce or nullity decree and file a case in a family court having jurisdiction. Do you have relatives here in India to act as your power of attorney? In some cases it is possible to dispense with your personal attendance. If you provide me with full details I'll try to explain the whole process to you.

Contact me at [email protected]

Re: Indian female seeking divorce from her husband in usa

Hello,

Divorce is quite a trumatic experience and should be avoided. But if it becomes unavoiadle then there are different procedures of obtaining a Divorce Decree in the US and in India.

Before a correct advise is given to you certain facts have to be explained. Please let me know the following a) In which country the marriage took Place ,ie was it in India or was it in the USA.b) Under what law and act did the marriage take place ie was it under Hindu Marriage Act or under some other Act.c) what is your religon? Are you Hindu or belong to some other religon.d)Where does your family live? is any one of them live in India(answer this only if the marriage took place in India e) Are there any children out of this wedlock. f) For how long have you been married.g) finally and most importantly is your husband willing to go ahead with this divorce or will he contest the Divorce.

If you revert giving replies to the above querries we shall then be able to advise you.

Best wishes.

Re: Indian female seeking divorce from her husband in usa

It would seem that you are presumably at New Jersey on some assignment and that your husband is in India. It would also appear that you never resided in New Jersey together as husband and wife. It is also possible that you have properties in India that would require to be partitioned due to the break down of your marriage. If this were the case then you will not be able to seek a divorce in the U.S.A. but only in the place at India where your marriage took place or where you and your husband resided last before you left for New Jersey.

However, if the reverse is the case then you are entitled to move the courts in the U.S.A and within the jurisdiction of the place where the two of you resided last and seek a dissolution of the marriage as per the laws of the U.S.A.

In any event, get your facts straight and then consult a good lawyer in the U.S.A with knowledge in handling divorce cases for persons of Indian origin. There are several of them listed in the Martindale Hubbell law directory and also in Lexis Nexis data base. Good luck!!!

Re: Indian female seeking divorce from her husband in usa

You can file a divorce in New Jersey, if you have lived here for a year and have grounds such as cruelty or desertion. If there is a grounds based upon adultery you do not have to wait the year, but must have proof and the name and address of the person. If you plan on going back to India, you probably should start the action there. If we can be of help, please call our office in Morris County,973-808-2003. The first half hour appointment is free, but we will need a retainer of about $3,000 to start the action for you. Good luck with whatever you decide.