• Divorce

Me and my husband got married in India in Indian Court 13 years back. We both live in USA but in different states since almost 5 years. We are green card holders. Kids live with me only. 
My questions are:
Can I file mutual consent divorce or no fault divorce in USA? Would it be valid in Indian Court?
What happens to properties and debts?
How the child custody is determined?
What happens to green card and citizenship after divorce?
Asked 1 month ago in Family Law from United States
Religion: Hindu

1. You please file mutual consent divorce and not no fault divorce. If you take mutual consent divorce then the same will be valid in India. 

2. That you two will decide in mutual consent divorce

2. There is no effect to green card or citizenship if both are green card holder. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

A valid decree can be obtained in USA by filing a mutual consent divorce. It would be valid.

A mutual consent divorce takes care of all the debts liabilities and ither things as mentioned in the mutual consent divorce papers which also contains the agreement between you two.

You shall be a green card holder after the divorce. Child custody can be determined as per your wishes or the court shall decide it.

Regards 

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

no fault divorce is not valid in india 

 

2) divorce by mutual consent is valid in india 

 

3) in india wife has no share in husband properties 

 

4) she can alimony from husband 

 

 

5) child custody is generally awarded to mother . husband gets visitation rights 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

IF both are agree for divorce, valid on whatever grounds. or go for MCD.

As per US law, with divide equally.

In India, custody rest with mother, US court will decide either by mutual settlement or acc. to US custody law.

Citizenship will intact.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Hi

The divorce obtained in USA is vailed in India (subject to provisions of sec.13 & 14 of Act).

Properties to be shared equally.

Age of children required.

Citizenship will not be effected

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

1. you can file the MCD in USA. it's valid in India but if you want to remarry in INDIA, you have to obtain the divorce from Indian Court,

2. draft and execute an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

3. through mutual consent

4. no effect on citizenship

 

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

If you and your husband both agree for the divorce then you can take mutual divorce in US court and can mutually decide the properties, custody and maintenance

.

No fault divorce shall not be valid in India. 

There wont be any effect on cards and nationality.

Shubham Jhajharia
Advocate, Ahmedabad
19369 Answers
76 Consultations

5.0 on 5.0

it is valid if both husband and wife contested for the same but better file Mutual consent divorce in India. 

wife cannot claim any share in husband property. she can claim only alimony. 

in india, Both parents will have legal custody, but one will have the physical custody(child resides with him or her) and will be the child'sprimary caretaker.

The answer depends on your spouse's status, the immigration benefit you received, and how and when you received the benefit. if you got conditional resident status through marriage, that status is limited to two years. A divorce may make it harder to become a permanent resident, but it is still possible. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

You can go with Mutual Consent Divorce that will be valid in US and India as well.

 

Make MOU of all property, debts, child custody etc.

After divorce you will be still able to retain green card if you're working women there and as per guidelines of green card follow it.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

- Foreign Courts Decree of Divorce is recognised and valid in India , if the said divorce granted on the ground of Mutual Consent, and if there is no challenge by either of the Parties.

- As per law in India , after getting divorce , a wife has no share and right in the properties of husband and also not responsible for any debt of her husband.

- But you can claim allimony from husband.

- As per Hindu Law , the mother usually gets custody of the minor child .specially under the age of five.

- Father gets custody of older boys and mother gets custody of older girl.

- But for the custody of child , there is not strict rule , as it generally decided based on the interest of child.

- Divorce has no effect on the citizenship , 

- If you are a US citizen or Green card holder , then the divorce on its own would not affect your status. But if you are a conditional permanent resident, then getting divorced may have very negative consequences for you.

 

Good Luck and dont forget to positive rating.

 

 

 

 

 

 

 

 

 

 

Mohammed Shahzad
Advocate, Delhi
511 Answers
18 Consultations

5.0 on 5.0

- Being both US citizen shall have to contest the matter in US. Only if you have dual citizenship (OCI), can proceed in India also.

- International Divorce shall be applicable in India but decree is must to obtain from Indian Court to validate the Divorce in Indian record.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
508 Answers
3 Consultations

5.0 on 5.0

1. WELL MUTUAL DIVORCE EVEN IF granted in USA can be disputed by a disgruntled party in India.

2. Since there is a scope for future challenge of the USA court order in India it is advisable that you do so in India only.

3. The custody of the children is generally allowed to be kept with the parent who would keep the children with him/her.

4. So this is issues is to be decided mutually. 

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

You can file no fault divorce in USA and decide the custody mutually. If it's mutual then it's valid in India. You can decide the property and debts mutually. As you are not filing anything in India it will be governed by US law if contested by one of you

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

Husband has no rights in property standing in wife name 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

No he doesn't have. But in India after divorce some husbands have claimed their rights in property in wifes name in which husbands have paid the entire consideration

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

In mutual consent / no fault divorce the order is passed if the court is convinced with your submissions without touching properties, as per your terms.  Yo need to convince the genuineness of your submissions.

In contested divorce, the US court orders equal share to both the parties if not convinced.

The other way round if you can convince the court with regard to the properties and explain to the court about the acquisition of the properties in your respective names with your own funds / finance it will not be taken for division..  It will be with respective person only (your property with you & his property with him).

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

Yes husband has no right in property of wife.

Shubham Jhajharia
Advocate, Ahmedabad
19369 Answers
76 Consultations

5.0 on 5.0

No and vise versa

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

husband has no right over your self acquired property or ancestral property.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

No, under the Indian Law, even the husband has no interest/share in wife's property during her lifetime. 

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

1. You can get the decree of divorce by jointly filing MCD in USA.

 

2. Thereafter you both shall have to get the said  foreign decree of divorce validated by the District Court in India.

 

3. Only MCD decree passed by foreign court following Indian terms and procedure are validated by Indian courts.

 

4. Properties, children's custody etc will be mutually decided by both of you duly mentiong the same in the MCD petition.

 

5. You shall have to pursue for the green card and citizenship individually submitting copy of your de cree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

1. In India, neither wife not husband has any right on each other's properties during their life time even while staying in matrimonial relationship, leave apart divorce.

 

 

2. However, in some States of USA, wife's are allowed even 50% of husvband's properties in case of contesteed divorce./

 

3. In mutual conent divorce, everything is decided mutually.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

No, husband don't have any share in wife's property.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

If your wife does not have any share in the property of husband then you should not expect any share in her property.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Yes you can file Mutual consent divorce or no fault divorce in USA and it will be valid in India also If no fault divorce is contested by your husband.

According to Indian law wife dont have any share or right in property of husband and Visa versa.

Child custody will be determined by the law of country you are residing in. 

The divorce will effect your citizenship or green card status. 

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

No the husband has no share in the wifes property.

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

The mutual consent divorce for incompatibility reasons are legally valid and recognised as per Indian laws, but do not make a mention as 'no fault divorce' because it is not recognised as valid reason for divorce India.

The US laws will distribute the properties acquired post marriage equally between both based on the details you both provide.

Child custody may also be decided by filing a post nuptial agreement/conditions.

The status of green card after divorce may be enquired from the local lawyer.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

What you heard about the property rights is as per Indian law and not as per US laws. 

If you have decided to dissolve your marriage as per US laws then that law will be applicable as far as the properties are concerned. 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Dear Sir,

Factually, no fault divorce granted in a foreign country is not recognised as legally valid divorce in India for the marriage solemnised in India. ... normally the foreign courts decrees are not valid in India, since Hindu marriage Act is not recognized by foreign courts.

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

If you are a US citizen, then the divorce on its own would not affect your status. But if you are a conditional permanent resident, then getting divorced may have very negative consequences for you.

Despite this change, mothers are still more likely to get custody when parents divorce. State laws vary as to what courts must consider in determining custody arrangements, but the general standard used today is that the custody award must be in the “best interests of the child."

 

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

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