Legal Question in Family Law in Michigan

My brother got married in Nov 2007.We did not ask for any dowry or anything from the family. He was suuposed to come to USA in few months. Since he was working in chennai, and the girl also was working in chennai. my brother stayed with the girl and her family in their house. This girl is the only earning member and supporting the family. We know that from before and we were under the understanding that her younger sister will finish studies and share their responsibility of taking care of thier parents. But the girl tortured my brother very much just because she is not able to handle the pressure of her family expenses. They got personal loan for her younger sister's studies and some furnitures at home by loan. SHe also demanded and got 2 lakhs from my brother to get a land for one lakh and svings in her name for one lakh. after 8 months of this great life, my brother came to USA, could not find a job for 10 months. His wife insulted him verbally over the phone so very often that he could not take it any more asked for divorce. The girl's family convinced him not to do that and they started talking again. Now the girl wants to spend Rs 42000 just to apply for her younger sister's trying to study abroad. She wants to support her family in a grand manner which my brother cannot afford even though he has a job. Also He feels that it is not worth living this life like married to this girl who insults him very much and who has grand plans for the future of her family with no money in her or her family's hand. They only possess personal loans. Can he file for divorce in chennai from USA. How long the process would take. What if the girl refuses to divorce? can he still get a divorce?


Asked on 8/19/09, 11:31 pm

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

As long as your brother is a resident of the State of Michigan for at least 180 days he can file a divorce action in the County that he has lived in for at least 10 days. The problem would be getting his wife served with the Summons and Complaint. She needs to be personally served for the Michigan Court to have jurisdiction over her and if she resides in a different country and does not ever visit Michigan that could be problematic. Michigan is a no fault state regarding divorce so one sides refusal to consent to a divorce does not matter. Your brother can get a divorce even if his wife does not want to. Aldrich Legal Services, PLLC handles all Family Law matters including Divorce. Please visit our website at aldrichlegalservices.com or contact us directly at (734) 404-3000.

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Answered on 8/27/09, 10:40 am


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