Legal Question in Family Law in Massachusetts

Indian couple divorcing in MA

The question that i like to be posted is this:

Whether Indian Nationals married in India can get a Divorce from MA Courts, especially when the wife, who is in dependent visa,staying along with her Indian Husband in MA, does not give her Consent? Moreover, what will happen to the legal proceedings intitiated already in MA court if she left USA and come back to India? And can a divorce be decreed even in her absence - especially when she sends a reply to the court from India that they have not lived as Husband and wife in MA, though lived as husband and wife in India. kindly answer my query as it would solve my friend's legal problem as she prefers to live with her husband.


Asked on 3/01/02, 11:42 am

3 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Indian couple divorcing in MA

If one party to a marriage lives in Massachusetts for six months or more, they can get divorced here. The other spouse does not have to consent. Massachusetts has no-fault divorce. If the wife goes to India, a divorce will still occur.

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Answered on 3/01/02, 8:30 pm
Umesh Bhagwat Bhagwat&Co.

Re: Indian couple divorcing in MA

American courts are not competent to grant divorce to Indian Nationals married in India.However it is advisable to consult a divorce lawyer there and take appropriate steps.

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Answered on 3/01/02, 10:02 pm
Prabhat Shroff Shroff & Company

Re: Indian couple divorcing in MA

Yes, an Indian national, married in India, can get divorce in MA, if one of them has lived in mA for six months, in terms of the "no-fault" divorce prevalent in MA. The consent of the wife, or her going back to India, will not prevent the divorce.

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Answered on 3/02/02, 12:50 am


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