• Divorce

Can me and my husband file for divorce in USA as we stay here now but marriage was happened in India ? How much is the processing charge and what will be the process ? 
What about kids custody? If all this is on mutual grounds
Asked 1 year ago in Family Law from United States
Religion: Hindu

Dear Client,

Divorce from foreign court valid in India unless not question/challenge by the parties. Go for consent/mutual divorce.

And settle amicably who will seek custody or through court order if no amicable solution.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Hi, the mutual divorce decree in USA is valid in INDIA too.. The custody of child given by court shall prevail and will be applicable in INDIA too

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

You can file for divorce in USA if both parties are residing in USA

2) consent terms can contain clause as to joint custody

3) processing charges local lawyer can guide you

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

If it is on mutual grounds yes than you can file for divorce in USA, and a mutual divorce is valid and can be easily validated in India too.

you have to present joint petition in the US Court depending upon the law in state which you are residing in US and then on consent of both parties. The Judge Can pass Judgement

further the custdoy and settlement of money can be decided by both parties.

Mutual consent divorce wont cost much in US also depending upon state.

i came across a website who prpare and guides for joint divorce petitions in US. kindly check may be you find it helful.

https://www.mydivorcepapers.com/how-it-works.php

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. Yes, residentsbof USA can apply for divorce in USA even if the marriage was solemnised in india.

2. Since this will be mutual divorce there would be no dispute as regards its authenticity in india.

3. The cost of divorce proceeding in USA is expected to be higher in USA.

4. So to know the cost and process you better speak with the USA based lawyer.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Hello,

Yes you can and divorce by mutual consent is valid in India.

Its quite high as compared to India.

The court will give visitation rights to the father but actually it depend on the facts and circumstances of the case..

Regards.

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

1. You can file a divorce suit in USA and obtain the decree of divorce from the USA court but the same will not be valid unless it is obtained on mutual ground or on grounds acceptable by Indian Law.

2. So, you can file the mutual consent divorce petition before the USA court on agreed terms and obtain the decree of divorce accordingly. The said agreed term will include custody of your children, one time payment of maintenance/alimony for you and your kids etc.

3. Thereafter you both can jointly file a petition before the appropriate District Court in India for getting the decree of divorce passed by the foreign court validated by the India Court.

4. In the above event you can get the said validation petition sent to you in USA by your Indian Advocate for signing the same before the appropriate officer of Indian Consulate in USA who will notarise the same to return it for filing in India.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

Yes, you can file it there also on the basis of the domicile of yours which is reside in USA only as per law now.

The question of custody may also be decided mutually if possible otherwise first preference would be for mother if she is earning, and capable of taking care of the child.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Yes you may file a divorce case in USA and get the decree even you are married in India.

You have to ratify your decree in India by filing a divorce petition in the family court on the basis of decree on mutual consent and you will get the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

See definitely you can file the divorce petition in US, but their decree will not be vaild in India because your marriage was solemnised in India. If you do not want to pursue your life with someone in India then you may go ahead. If all this is on mutual settlement then there is no issue about the custody of child as it can also be settled mutually.

So, it is advisable to file mutual divorce petition in India through some trustworthy on your behalf by way of entering into a special power of attorney who will take these kind of legal decisions on your behalf. And it is a matter of just 12 months process.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

In US every state law is different? In many states if you have been resident for 6 months in that State than you both can apply for divorce by Consent and the same is valid in India as both the parties have consented to the jurisdiction in US. And if Divorce is in US the local Act will apply for maintenance and child custody and moresoever in may States there income of both parties are taken into account and the childs custody is joint custody. So for further details you need to check with your State lawyer.

Grishma Lad
Advocate, Mumbai
18 Answers

4.0 on 5.0

If you want to file divorce in US for the Indian marriage, you can very well move on.

For the fee and other formalities as well as the child custody, you may consult an attorney of the country where you currently reside.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

As per Section 19 of HMA 1955 below mentioned are parameters for deciding Jurisdiction

19. Court to which petition shall be presented:

"Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive."

Further Answer to query requires more elaboration of facts.

Arihant Nahar
Advocate, Indore
83 Answers

4.7 on 5.0

Hi,

You may file divorce there and the charges etc can be confirmed from there itself. All the things including child custody can be decided there itself.

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

Yes, you may file a mutual divorce/no fault divorce in US. This will be valid in India.

A mutual consent divorce in India takes about 6 months. Fee charged for this varies from lawyer to lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

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