Legal Question in Family Law in Texas

Will an ex partee divorce decree in India based on cruelty be negative in any way for me in the future?

We live here in the US and my husband went to India and filed for the divorce there. I can't go there so that is why it is an expartee decree and he has made these false allegations on me on the grounds of cruelty. Actually he has been who is cruel.

Will the divorce decree based on cruelty be negative in any way for me here in the US

Please advise


Asked on 8/24/11, 8:37 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

First, can you hire an attorney in India to contest the ex parte proceedings. I don't know ANYTHING about Indian law, but knowing American and Indian law emerged from similar influences, I would imagine that even if the divorce has been finalized ex parte, you would have some period where you could contest it through an attorney in India.

However, assuming you cannot contest it, I wouldn't expect it to have any impact on you here in the US as long as you don't have any children between you and your ex-husband. If you have children between the two of you, he might use that decree to bolster a claim that you are an unfit mother.

You, of course, would point out the ex parte nature of the proceedings and note that no controverting evidence was taken to deny his lies.

Good luck!!

Read more
Answered on 8/28/11, 9:08 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas