Legal Question in Family Law in Massachusetts

Re: Question related to Divorce

If tney are both legal residents of MA and USA, they can get divorced here.

Re: Question related to Divorce

The answer is both. Both India and the US have jurisdiction over the marriage. In any event, whether he chooses to get divorced here or there, the divorce will have to be entered in India... meaning it will need to be recorded there as well as here in the US in order to avoid any problems should either of them seek to re-marry in India, and in order to protect either of their estates from claims by a (former) spouse in the event either one should return to India.

Re: Question related to Divorce

A resident of New Jersey can file for divorce in New Jersey so long as the resident has resided in New Jersey for at least a year. It does not matter where the marriage took place or what the parties country of citizenship is.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymoorattorneyatlaw.com

Re: Question related to Divorce

Mr. Weicker has stated it best. Anything I say is a mere gloss.

I assume, as I think he did, that the wife may still be in India.

If both are here, Massachusetts has the best jurisdiction, but action may have to be taken to obtain recognition under the law of India (including regional law).

If nephew is here and wife is in India, the divorce could be handled in either Massachusetts or India, most likely. Indian law may be more complicated, and may not be as amenable to a divorce "without cause." Family pride and even local officials in India may have an effect on how even "amicable" divorce proceeds. Thus, I am not sure that this would be the ideal solution on the limited facts presented.

There is far less stigma to divorce here, so it may be more practical to have it done here in Massachusetts, whether one or both parties are in the U.S.