Legal Question in Family Law in Washington
I am US on H1b visa and planning to get divorce in India. I was wondering whether divorce in India is valid in US. How does that work?
1 Answer from Attorneys
Yes, if you are legally divorced in India, unless there is something unusual about the manner in which you were divorced, then Washington would recognize the Indian divorce. That said, your question is asked in a vacuum. One may want to know additional information, such as are there children involved, and if so, do they reside in Washington? Is there real property involved, and if so, is it in Washington? Particularly on the children issue, if those children are also U.S. citizens, and if the custody orders favor you, then you may have an issue here. Additionally, is your spouse also Indian or American? Does your spouse live in India or Washington?
The overall concern I would have is whether your spouse is aware of and participates in the Indian legal process. If she is unaware or unable to pursue it, she may be able to cause you trouble here in the U.S., particularly if there are children involved who live in the United States. My advice is that you spend the money on an attorney, hire them to consult you properly, so that they have all the facts and not give you a meaningless answer in a vacuum.