Legal Question in Family Law in New York

Marriage in India, Divorce in USA

My sister got married in India to an Indian. She went to U.S.A. on H1 visa. She works for a software company. Her husband is not good with her. He behaves like a sadist. He has no earnings. He is now in India.

My sister has a daughter aged 10 years. If she takes divorce in U.S.A. will she be asked to pay Alimony every month to her husband?


Asked on 4/18/04, 4:34 am

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Marriage in India, Divorce in USA

Although your sister may (UNcertainly) be able to file for divorce in the US, under her H1 status, it is doubtfull her US Divorce would receive "full, faith and credit" under Indian law, concerning ancillary divorce issues that Indian Law may retain jurisdiction.

Your relative needs to see a lawyer.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/21/04, 10:21 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Marriage in India, Divorce in USA

Your question involves complex issues of divorce law, family law, international law, and immigration law.

Please telephone the office at (212) 618-1830 in order to explore the legal options available to the H-1B1 holder in the United States.

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Answered on 4/18/04, 4:49 pm
Prabhat Shroff Shroff & Company

Re: Marriage in India, Divorce in USA

Your sister can very well apply for and get a divorce in USA.

As far as alimony is concerned, it will depend on whether the husband contests the divorce in USA and if so, what the court orders. Alimony may not be granted automatically by the court, which means, if the divorce is granted uncontested, the court may not grant alimony at all.

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Answered on 4/19/04, 3:09 am


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