Legal Question in Family Law in India

Can I file a divorce from my wife who is currently not in the U.S?

Hi,

I am a resident alien in the U.S. I am here on a work permit. I got married four years back in India. My wife came to the U.S to live with me. She left the country last December. Due to some personal differences I am seeking divorce from her. Keeping in mind that she will not come back to the U.S , can I file for a divorce from her in the U.S courts?

I would really appreciate if the answer covers both the situations where she agrees for the divorce and where she doesnt agree for the divorce.


Asked on 2/05/02, 1:38 pm

4 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Can I file a divorce from my wife who is currently not in the U.S?

You can file for divorce in the US. If your wife does not agree, you will have to serve her the papers in India according to International Law. If she agrees, she can take the papers to the US embassy to be signed in front of a notary and the divorce can proceed. If you are in TX and need assistance with this matter, please contact me by e-mail.

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Answered on 2/05/02, 2:52 pm
John Pfister, Jr. Pfister & Associates

Re: Can I file a divorce from my wife who is currently not in the U.S?

As a Texas resident, Texas can grant you a divorce which will be effective in the US. If your intent is to live here, then that should suffice. To establish Texas residence one of you has to have lived in Texas for at least 6 months. If she cooperates, then this will only take about 60 days. If she doesnt cooperate, then you will need to serve her with citation in India. This is what could be tricky unless we can obtain substitute service on someone close to her in the US. If you like me to assist you, give me a call.

John Pfister

972-712-9208

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Answered on 2/06/02, 6:46 pm
Umesh Bhagwat Bhagwat&Co.

Re: Can I file a divorce from my wife who is currently not in the U.S?

Since you were married in India,the divorce can be granted by Indian courts only.If your wife is agreeable you can get a divorce within six months but if she is not agreeable it will take longer.

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Answered on 2/05/02, 8:32 pm
Prabhat Shroff Shroff & Company

Re: Can I file a divorce from my wife who is currently not in the U.S?

The right course would be to file for divorce in India. If the wife agrees, the procedure will be quick, if she does not, it will take at least 2/3 years.

You acn also file in USA, and get a decree. However, to enforce such a decree in India, you will again have to file the decree in the Inmdian Court and take execution order for the same.

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Answered on 2/06/02, 6:51 am


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