Legal Question in Family Law in New York

I got married last year (2008) in the month of November with a girl who is Hindu but US Citizen. Our marriage was performed through Hindu ritual ceremony, but never registered at India or USA.

I am a well established scientist at an Ivy League university at USA. I came here 4 years back with my own VISA & still work on that.

After marriage we came here and started our family, the girl's family is also here at USA. After certain days I started realize that she got another affair with a guy who is not socially or economically stabilized and she married to me only by the force from her family. She started threatening to leave and did it for several times. Now, we stay separate for last ~ 6 months & she is maintaining her relation with her lover. We have also completed 1 year of our marriage just last month. Now they are threatening me that they are going send divorce notice to me with false charges.

I have following questions in my mind & want help:

1) At, India though we are not registered as couple but had ceremony with all proper evidences, would it be valid in court? provided she is USA citizen (often visit India)

2) Could she bring Divorce notice from USA lawyer or court, though we dont have any official documents as married couple.

3) If they do the above mentioned question 2, how could I avoid this, because I really dont have much resource and known people here to fight a court case.

4) If I would like to take the case in India, should I file a case against her at India.

It would be highly appreciated if anybody could suggest me on this.

Thanks

SG


Asked on 12/11/09, 7:07 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

1. If the marriage is not legal in India, it is not legal in New York. I do not know anything about the laws in India. Therefore, you would have to resubmit the question to an attorney that practices in India.

2. Assuming the marriage is valid in India, if you are both legally living in New York for over 1 year, she may commence the divorce action in New York. Of course, she must have grounds for the divorce in accordance with New York law.

3. I do not know how you may avoid a lawsuit. Through your resources at the University I think you should be able to find a good lawyer.

4. I do not know enough about India law to determine whether that country has jurisdiction. You would have to submit the question to an Indian lawyer.

Mike.

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Answered on 12/17/09, 4:59 am


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