You can file for divorce in USA since both are staying in USA .

2) claim spousal support from husband . In USA you would be entitled to 50 per cent of his assets acquired after marriage

3) if your husband participates in divorce proceedings in USA divorce decree would be valid in India

4) if your husband abuses you lodge police complaint against him

5) in the alternative come back to India and file for divorce on grounds of mental cruelty

6) claim alimony from husband

7) mutual consent divorce is best option. It would take 6 months

8) contested divorce takes around 5 years in India

Dear Concerned,

First and foremost you have to make up your mind, if you want to stay with him or not. After so much of mental harassment if you decide to take a divorce from him then you have 2 options to your perusal..

1. CONTESTED DIVORCE-

a)File a divorce case in USA, if your husband participates in the proceedings the divorce decree will be valid in India. As per USA Laws you would be entitled to 50 % share in his assets acquired after your marriage.

b) You can come back to India and then file a divorce case on the grounds of mental cruelty and claim alimony form him.

2.MUTUAL -

If he too wants a divorce, you can file for a mutual divorce. In a mutual divorce both the parties agree for divorce and on certain terms the divorce can be taken. The mutual divorce takes lesser time as compared to contested divorce.

If your husband abuses you again do not be afraid to call the Cops.

Best Of Luck .... Stay blessed.

If you have decided to break up this relationship or unable to endure his torturous moments anymore and want to get relieved from this binding, you have options for judicial separation for the present and then to go for divorce a a later stage.

Or you can file a divorce case itself directly if your marriage is more than one year on the grounds of mental cruelty.

Since you both are living in US, you can apply for divorce or dissolution of marriage by a decree of divorce from a US court also.

It can be a consent divorce or contested divorce.

It will be easy and will take less time to get divorce in US than when compared to the proceedings and the inordinate delay in such cases in India.

1.If you really think that this marriage is not working then it is better move on in life.

2. So ti dissolve the marriage I would suggest you to first approach him for amicable settlement by way of mutual divorce which is most expeditious and without nay hassles.

3.if he does not agree for mutual divorce then you can file criminal cases for tortures done to you like cases u/s498A,406 IPC etc. You can claim maintenance under PWDV Act @ 1/3 to 1/5th of his income.

4.Do note that for divorce you have to wait for one year if one has not passed as yet from the date of marriage,

If both of you are in USA then immediately file a divorce case based on cruelty and demand maintenance too.

The court will grant divorce and you will get money for your livelihood.

Till the final order of divorce you may stay otherwise no need if you don't want.

Feel free to call

1) if you take mutual consent divorce in USA yo would need to remain present in court during the court hearings

2) you can get alimony from your husband in mutual consent divorce that is agreed to be between you and your husband

1. Mutual Consent Divorce is the best option which makes divorce less stressful by saving time, effort and money. You can avoid long litigation and move on with your life just after 6 months of filing for divorce.

2. In MCD both husband & wife can settle the matters in respect of returning of articles, rightful division of finances & assets, agreement over alimony to be paid to the spouse.

3. If both of you accept to file for MCD (No fault divorce prevailing in U.S.A.), then you have to present yourself before the Judge to accept the points mentioned in the joint application for MCD, hence you have to stay in USA till your MCD is taken to its logical end.

4. Before affixing your signature for MCD, get settled your expected money and then only sign the petition.

1. Taking mutual divorce from India is advisable as decree of USA court may no be valid . At the tie of final hearing your physical presence is required.till that time you can stay anywhere.

2.Mutual divorce happens when both the parties agree on its terms and condition. So i f your husband agrees to pay money then it will happen else you have to decide whether to go for mutual divorce without money or not.

3. Since you are unemployed you will be entitled to monthly maintenance even after divorce until you remarry.

In a mutual consent divorce in US, you can get into a post nuptial agreement with him which will give a clear picture of the alimony and other details of income and property sharing with him post divorce.

You can consult an attorney in this regard at US who will guide you properly into all such aspects protecting your future and financial interests.

1. If you have decided to terminate the matrimonial relationship with him, file a divorce case at USA on the ground of cruelty.

2. Your strategy should be to wait till gets arrested for his rouge behaviour and once he is arrested for harassing you, then it will be easier for you to get the decree of divorce in USA.

3. In some provinces of USA 50% share of husband's properties acquired after marriage is awarded to the wife.

4. So, you are expected to be benefited from the divorce decree to be passed by the USA Court.

5. If he agrees to give you mutual divorce, you should jointly file MCD petition in India after settling the terms for the divorce since both of you had married in India as per Indian law.

6 If you get the decree of divorce in USA, the said decree will not be valid in India till you get the same validated by filing an application before the District Judge in India.

1. You are required to attend the Court for the MCD hearings in USA.

2. In MCD, everything is mutually pre-decided. So, you shall have to negotiate with for the compensation you will require for signing the MCD petition.

3. There will be no payment to be made by you to him for getting the MCD.

4. Since both of you are Indians, you should file the MCD in India for reasons already explained in my earlier post.

1. You are free to apply for dissolution of marriage on the ground of cruelty against your husband. If he comes to contest the petition then you will have to prove your allegations in the court.

2. If you apply for divorce in US you may claim division of assets, which you cannot claim in India. Your only remedy in India is to claim maintenance from him.

3. To get mutual divorce in US you have to be represented on all the hearings in the court.