Legal Question in Family Law in Washington
parallel cases matrimonial dispute
what is US law on this situtaion?
A files for divorce in usa. B feels that his native country laws for dissolution of marriage are in conflict with USA laws and hence goes to his country and files 1.for divorce saying it alone can bring closure OR 2.a petition that is like counseling to resolve the dispute.
Can A say that she filed first in USA and only her petition should be heard or will the court considering that the laws of dissolution are in conflict may agree to stay the US proceeding or say go ahead with the case?
If the petition filed in the foreign country seeks a different relief from divorce,then what will be the US court's position?-can they ignore it or wait out or stay or go ahead with its case?
thanks
3 Answers from Attorneys
Re: parallel cases matrimonial dispute
US courts would generally ignore a foreign court in this regard. Indian courts would generally diregard foreign judgement. More facts needed to give an accurate answer.
Re: parallel cases matrimonial dispute
You can approach the Civil Courts in India (Family Court) for appropriate reliefs and there is a fair chance of success. The proceeding for USA Court will not affect the proceedings in India. It is also advisable not to appear and defend the proceedings in USA since the exparte proceedings passed in any Court outside India will not have bearing on Indian Courts.
Re: parallel cases matrimonial dispute
Where is A domiciled? What State in the US? What is the time lag between when A files and other party files? Where is the child? State Court acquires subject matter jurisdiction when the respondent is served. Sorry, need more information to provide a better answer.
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