• Mutual divorce from USA

Hello,
 We would like to apply for a mutual divorce. We got married in india but residing in US, have two kids. Can we start the process from here. How many times and at what stage we need to make a court appearances.

Appreciate your help!
Asked 6 months ago in Family Law
Religion: Hindu

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15 Answers

You can file for mutual consent divorce in india

 

2) lawyer can send you petition for your signature 

 

3) get it attested by Indian consulate 

 

4) execute POA in favour of family member

 

5) your virtual presence through Skype is sufficient 

 

6) it takes around 6 months 

 

 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Both of you need not come to India for divorce. You can seek divorce from abroad. Prepare a Special Power of attorney on stamp paper of 100 rupees which  is available in all countries giving power to any of your relatives/friends to file divorce on mutual consent. Obtain attestation from consulate on SPA which  the you will get easily. Send that SPA to person named, he can appoint lawyers and file divorce on your behalf and you can appear in court through vc. No need to appear personally in Court. It will take one to one and half year for grant of decree.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

File a mutual divorce petition before family court in India.

Find a lawyer in India and ask him to prepare the petition under 13B and send it through Email. Attest the petition and vakkalath before consulate or Notary in US and send it to India by courier . Your lawyer can file the same before the family court.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

The Court will give 6 month period is given for reconciliation.Six months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing. In second motion you may come to India and appear before the court.Divorce decree will be granted as the Honourable Court may deem fit.

You can use waving petition for getting earlier disposal of mutual divorce decree

 

Ajay N S
Advocate, Ernakulam
3931 Answers
83 Consultations

5.0 on 5.0

A mutual consent divorce petition can be filed in the US district court and a no fault divorce can be obtained there which is perfectly legal in India as both of you have participated in the divorce proceedings.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. Obtaining Mutual Consent Divorce is the best option when compared to contested divorce. The couple can save time, money and all the differences, like child/children custody, alimony, maintenance amount to be paid, division of assets and liabilities, etc.. can be resolved mutually.

2. The couple has to be present 2 times physically, once at the time of 1st motion and once at the time of 2nd motion. After filling at the first motion, 6 months' cooling period will be available for introspection of the decision. However there are precedents that this 6 months'cooling period has also been waived off in certain specific cases.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

Since foreign divorce is not recognised in India, its advisable to apply for it on Indian soil only. 

It takes 6 months of time and one time physical presence is required. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

If you go with mutual consent divorce in the USA. You have to follow No-fault Divorce. And attached mutual consent divorce MoU along with it so it can be applicable here in India as well.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

Dear Sir/Maam,

1) You can execute a POA in favor of a family member to hire a lawyer and file petition here on your behalf.

2) The lawyer will draft petition and sent the same to you, sign it and get attested from consulate.

3) The mutual consent divorce in India is completed in two motions.

4) On first motion both parties have to appear for oath, you can complete the same through video conference.

5) The second motion is after 6 months cooling period where after settlement, the final decree is granted.

6)The divorce can be completed in 6-18 months depending on when you file second motion.

On the other hand,

1) You can file for mutual consent divorce in US it self.

2) And later get the decree of divorce declared under sec 7 of the family court in India.

3) Note that mutual consent divorce decree will be valid in India under Sec13 CPC. But divorce based on irreconcilable difference is not valid in India.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

yes you can very well start the process from there and file a mutual divorce. You can approach me on linkedln if required

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Some courts insist for in person hearing. File in india to avoid dual process. 

Regards 

G.Rajaganapathy 

High Court of Madras

 

Rajaganapathy Ganesan
Advocate, Chennai
2001 Answers
8 Consultations

4.9 on 5.0

For filing mutual consent divorce, you both should have lived separately for a period of more than one year.

You both need not be physically present before a court in India to file the petition for divorce on the grounds of mutual consent.

You both can appoint power of attorney agents separately to sign the papers and vakalatnama for filing this divorce petition.

You both can be present before court physically during the second motion of this divorce case once you have presented the divorce petition through your power of attorney agents. 

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Client,

If your wife is residing in India then you may give GPA to tour blood relative to file Divorce Case in India. And if your wife is residing in USA, then you may proceed there.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

Dear sir, 

You will have to sign a Power of Attorney (with due approval of consulate) in favor of your parents or some close relatives who you can trust and then appear on skype when the court necessitates you to. 

Sanjay Narayandas
Advocate, Hyderabad
59 Answers

5.0 on 5.0

 As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Hence, if both the parties are agree for mutual divorce , then you can file there as well , and the decree of divorce on this ground is legal in India. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Any attorney on your behalf can initiate the proceedings once you both have signed the divorce petition. Citing the pandemic situation and kids involved the court can easily relax the personal appearance and do the proceedings on video call. It takes six months in case there’s any scope of reconciliation however at the request of the parties same can be exempted by the court.

Amit Bhanot
Advocate, Chandigarh
10 Answers

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