• Next step after getting legal divorce paper and legal custody

Hello,

I am residing in Minnesota, USA and I am a green card holder and my don is US Citizen. I got divorce paper from my husband yesterday and asking me to respond by Mar 16 2015. He wants legal custody of my kid, ready to give child support, asking me to stay in Minnesota alone no outside US and one time settlement for 75k usd for me. I need help here.
Asked 2 years ago in Family Law from United States
Religion: Hindu
1) if your marriage was solemnised in india  and after marriage both you and your husband settled in USA your husband can file for divorce in US . 

2)its your call whether you want divorce from husband , grant him legal custody , accept his monetary settlment or reject his offer . 

3)in USA you are entitled to husband 50%assets after marriage in case of divorce . 


4) if either party wants divorce court grants divorce in USA 

5) if you dont want divorce fly down to india  immediately . 

6) if you participate in divorce proceedings divorce decree would be binding in india . 

7) you can file for divorce in india obtain child custody . but you wont get the settlement that is offered in USA 

8) you may get 1/rd of husband income as maintenance provided you are not working . 

9) take   a call after discussing with your lawyer and family members
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. Where was your marriage solemnized? Has the divorce petition been filed in US?

2. You have to decide whether you want to make the road to divorce smoother for your husband and to grant him the custody of your child or not.

3. If you are not willing to end the marriage then you can come to India and take recourse to Indian law to enforce the right to maintenance and compensation.

4. The judgment of US court can be challenged in an Indian court if you do not participate in the court proceedings.

5. The law is US allows the wife to walk away with 50% of her husband's assets in the event of divorce, whereas under the present law in India the wife has no share in the property acquired by her husband from out of his own income. The bill proposing to give to the wife an equal share in the property of her husband is pending in the Parliament. 

6. If you come to India your husband will eventually have to file a case for child custody in the Indian court, which you can contest fittingly to retain the custody with yourself.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
What the help do you need now? Are continue the relationship or want to divorce? What is your husband status? He is a green card holder or not?
with out getting correct information no one can advice wisely and legally. 

In India during divorce proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. When deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Your husband can file divorce suit in USA,

2. In USA 'no- fault' divorces are granted and such divorces granted on grounds not acceptable by Indian courts are not valid in India,

3. You shall have to decide as to what do you want,

4. In USA you will get 50% share of your husband's assets,

5. You can contest the child custody prayer of your husband,

6. If you do not want your husband's 50% share of the property, fly down immediately to India and file a Divorce Suit here along with prayer for child custody,

7. In India, it will be difficult for your husband to get the custody of your child,

8. Take decision after considering the pros and cons of your decision.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Since both of you and your son is a US citizen your husband is entitled to file divorce in USA. If you proceed with the divorce proceeding then negotiate the terms with your husband. You are entitled to half share of your husband property.

As regards child custody it would be totally your decision if u want to agree to his terms. In India it would be difficult for both of u to contest and it takes a lot of time. So take ur call wisely.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi, if you want to participate in the divorce proceedings you can engage attorney in USA and contest the case.

2. Or else come to India and seek for maintenance and other reliefs in Indian court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
What do you want?

if you are not ready to take/give divorce then no need to worry, refused to sign the paper.

if you are ready for divorce with the terms and conditions of the same then sign the paper and live your life as per your wish.

state detail facts to get best advise
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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