Legal Question in Family Law in Minnesota

Marriage in India and divorce in USA

Sirs,

I am residing at MN, USA for more than a year. I am married and registered in India under Hindu Marriage Act. My husband is in India. I havent had any communication for past 2 months with him. I have the below clarifications in filing the divorce. Any help will be really appreciated.

1) Can I file for divorce here in USA even when married in India?

2) Will I be able to get divorce decree here even when my husband is in India and even if he doesnt sign the papers and send it back?

3) Any attorney in MN for this kinda cases?

Thanks.


Asked on 3/05/09, 1:42 pm

1 Answer from Attorneys
Valerie Arnold Arnold, Rodman, & Pletcher, PLLC

Re: Marriage in India and divorce in USA

In general, you may obtain a divorce in Minnesota so long as you have resided in Minnesota for at least 180 days. If your husband is properly served in India with notice of the Minnesota divorce proceeding, you should be able to obtain a divorce decree in Minnesota even if your husband does not respond to the proceeding in Minnesota. Please note that there may be other jurisdictional questions to consider such as those related to child custody jurisdiction, if you have children.

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Answered on 3/05/09, 1:58 pm


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