Me and my husband got married in India in 2012. We both are living in the USA since 2016 . We want to file for divorce . Which option should we choose ? 1. If we get divorced in US , will it be valid in India ? If yes , which kind of divorce or clauses ? 2. Do we need to file for anything in India ?
Best option is to get divorced in India by mutual consent
2) it takes around 6 months
3) if you are unable to come down to India you can execute POA in favour of family member to file for divorce
4) POA should be attested before Indian consulate
5) if you get divorced in USA by mutual consent it would be Av,I’d in India
6) you would have to file petition for declaration that marriage is dissolved by US divorce decree
1. The mutual consent divorce by both participating in the divorce proceedings granted by US court shall be valid however the divorce should not be a 'no fault divorce', because this ground is not legally valid in India.
2. Instead of filing divorce case twice, once in US and again in India, you better file divorce petition in India itself on the mutual consent grounds.
If you both are not able to visit India for this purpose, you both may execute a power of attorney deed to any close relative in India who shall sign the papers on your behalf.
Since no fault divorce granted on a foreign sil is not recognised in indie it is advisable to apply for mutual divorce in India.
To apply such divorce in India physical presence is not necessary thought at the time of final hearing after 6 months physical attendance is mandatory.
You can go for a mutual consent divorce ie no fault divorce.
It would be valid in India an execution application has to be filed in India.
if you are living in USA then you can apply for divorce there and it will be valid in India as well. coming to and taking divorce will not be worthy from the point of view of time and money. you need not to file anything in india if you settle your divorce there. keep the original decree with you if you want to use your divorced status here. if you get your passport as a divorced woman then there will be no need of anything.
You both can perform mutual consent divorce in the USA and that same divorce is valid in the India. If you require any help to prepare MoU, terms and conditions etc for the mutual consent divorce do let me know.
Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system So better to file mutual divorce petition In Indian court.
1. If you and your husband mutually agree for divorce in US and the same is recorded in divorce order you can file declaration of same in court in India.
1. You both should file a joint petition for mutual divorce in USA ,
2. No, if you get mutual divorce decree from USA , then no need to file anything in India.
Hi, if both the parties are participating in the proceedings in the US Court. Then Divorce granted in US Court is valid and you no need to file separate petition in India.
