Legal Question in Family Law in India

Divorce of Non Immigrants in US

I married according to Hindu Marriage Act in India. Now , I and my husband are on H1 B Visa in Minnesota, US . I have been in US for 3 years.

Am I eligible to file for Divorce in US courts ?

Will the divorce granted in US be valid in India ?

Thanks


Asked on 12/30/01, 11:46 pm

3 Answers from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Divorce of Non Immigrants in US

You can file for divorce in Minnesota. I am a family law attorney in Minnesota and offer a free initial consultation if you would like to discuss your situation further. However, you would need to check with an Indian attorney to determine whether your divorce from a Minnesota Court can be entered in India and be valid there. Also, does your husband still live in Minnesota? If not, the divorce here may be more difficult if he has already gone back to India. Call me if you wish 952-746-4111.

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Answered on 12/31/01, 10:15 am
Prabhat Shroff Shroff & Company

Re: Divorce of Non Immigrants in US

Yes, you may file for Divorce in US Court, and it will be valid in India. However, you may be required to file the US Divorce Decree in an Indian Court, having jurisdiction, to make it effective in India.

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Answered on 12/31/01, 12:35 am
Umesh Bhagwat Bhagwat&Co.

Re: Divorce of Non Immigrants in US

Since you got married in India,you will have to apply for divorce in India.The US divorce is not recognized in India.

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Answered on 12/31/01, 1:54 am


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