Legal Question in Family Law in India
Is a divorce in Texas, USA valid and recognized in India
I am in the US since 5 years and was married in India and registered my marriage in India to bring my spouse to US. My marriage didn't work for long and I need a divorce. My spouse is back in India and doesn't want to come back or cooperate.
My question is if I get a legal divorce here by filing a petition in the Local court in US then will it be valid in India and will the Indian Court recognize it. Getting a divorce here will be easier here for me as I am here in the USA.
4 Answers from Attorneys
Re: Is a divorce in Texas, USA valid and recognized in India
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If you live in CA why do you want to get divorced in TX? Depending on lots of factors you almost certainly can get a divorce in the USA. Whether or not it would be recognized in India is a question for an Indian lawyer to answer -- but probably it would be.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Is a divorce in Texas, USA valid and recognized in India
You can get a divorce here. If there is sufficient contact between her and the state, you may be able to divide property, etc.
If there is insufficient contact between her and the state, you can still become single.
Whether India will recognize the divorce or not, I do not know. Probably.
Re: Is a divorce in Texas, USA valid and recognized in India
Indian courts can certainly recognize your divorce, but it depends wheather you wife resided here or not, and when she moved.
Re: Is a divorce in Texas, USA valid and recognized in India
the divorce as obtained in USa would not be ipso facto recognised in india. it has to be ratified by the indian court after following the procedures. only when it is adopted by the indian court, can it become binding and enforceable in india.