Hello,

Yes, you can file for divorce in US. It will still be valid in India. It will be much easier to get divorce as he will not be there to argue or comment. Apply divorce on the ground that not living together since last 5 years, please do not take 'no reason' divorce.

No you can not file a divorc in India from USA, it is mandatory for you to be here on the first date of hearing.

Regards

1. If you can convince your husband to agree for mutual consent divorce (No fault divorce in US) and both of you attend the divorce proceedings and obtain no fault divorce decree, then it shall be valid in India.

2. You can apply for divorce in India, while being in US by giving Power of Attorney to someone to represent you in Indian Court. But your presence once or twice is essential during the court proceedings.

1. Te decree granted ij USA is not valid in India.

2. So you better apply the same in India only

3. yes,while being in USA you can file divorce suit in india though during stage you will have to appear in court.

4.There is no online procedure for the same.

is your husband willing to divorce you ?

2) if so you can file for divorce in USA . if your husband participates in the divorce proceedings divorce decree would be valid in India

3)in the alternative file for divorce by mutual consent in India

4) you can execute POA in favour of family member

5)your virtual presence through skype is sufficient

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6) you cannot apply divorce online

When both the parties are Indians & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.

As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.

Since your marriage was in india and your husband is residing in India, you have to file the divorce case in india family court.

Also kindly note that there in no online options for filing a case for divorce in india.

If you file a mutual divorce consent in india, you just need to come twice. First time when you file the case in the court and the second during the hearing time.

Since you and your husband are living separately since the last 5 years, there wouldn't be any issues or delay in getting a divorce if its mutual.

1. Divorce decree obtained in foreign country submitting grounds not acceptable by Indian law is not valid in India.

2. Moreover, the decree of divorce so granted by foreign country will be ex-parte since your husband resides in India and such decree of divorce will certainly not be accepted by Indian court.

3. You can get the petition for divorce and also the Vakalatnama duly signed and notarised by appropriate officer of your local Indian consulate and send the same to your lawyer in India who can file the divorce suit in India and such signing and notarising the affidavit by Indian consulate is accepted by infian court.

You can apply for divorce in US and if yor husband agrees for mutual consent divorce then you may apply for divorce on the mutual consent grounds in USA itself.

If he is not willing to give mutual consent divorce then you file a contested divorce case in USA .

However the decision of US contested divorce case should be a contested one and not an exparte divorce because it is not valid in India.

Alternately you can file a divorce case in India through yor power of attorney agent also.

There is no provision for online divorce petition/case in India.