1) you can file petition for mutual consent divorce in India 

2) execute POA in favour of family member to appear on your behalf 

3) your personal presence through Skype or what’s app video is sufficient 

4) mutual consent divorce takes around 6 months 

You can have mutual divorce as per US law too. But you will need to validate the same in India for its admissibility 

In USA both of you can apply for No Fault Divorce which is granted in no time on mutual consent.

Though such divorces are amenable to challenge by either of you in India, if none of you has an immediate plan to come to India and settle there then getting divorce in USA is not a bad idea.

If your wife is agreeing for mutual consent divorce then you can file the same in USA itself, but if she's not agreeing to it then it is better that you file the contested divorce case on the grounds of mental cruelty in India.

You can give power of attorney deed to any close relative in India to conduct the divorce case in India on your behalf.

If necessary you can appear before court through video conference during evidence.

Once your marriage is dissolved by a decree of divorce she will not be a dependent anymore hence her H4B Visa will be cancelled.

If there's no Visa then she cannot stay there.

1. You can seek mutual consent divorce in U.S.
2. Both should participate in the divorce  proceedings actively.
3. A ‘no fault divorce’ obtained in U.S. is not valid in India. Decree of divorce should be as per matrimonial law of India.
4. It is not clear, whether there are any children out of marriage.  

Mutual Consent Divorce While in the USA:

Since your marriage was in India, you can get a mutual consent divorce under the Hindu Marriage Act, 1955 (if Hindu) or Special Marriage Act, 1954. Here’s how:

Steps to File for Divorce from the USA:

1. Draft a Mutual Consent Petition

   • Both you and your wife must agree on divorce terms (alimony, child custody, property division, etc.).
   • Draft the petition with an Indian lawyer.

2. Filing the Petition in India

   • The petition must be filed in the family court where you last resided together in India or where your marriage was registered.
   • If both cannot travel, the petition can be filed through a Power of Attorney (PoA) given to a relative or lawyer in India.

3. First Motion Hearing

   • You can attend via video conferencing if permitted by the court.
   • If physical presence is required, one of you may need to travel to India.

4. Cooling-Off Period (6 Months)

   • After the first motion, there is a mandatory waiting period of 6 months before the second motion (can sometimes be waived).

5. Second Motion & Final Decree

   • After 6 months (or if waived), you both must confirm the divorce.
   • If you cannot travel, the court may allow online participation or PoA representation.

Impact on Wife’s H4 Visa After Divorce:

• 
  H4 Visa is dependent on your H1B. After divorce:

  • She must change her visa status (e.g., H1B, F1, or any other valid visa) or leave the USA.
  • She can apply for H1B (if eligible) or another visa before the divorce is finalized.

Alternative: Divorce in the USA (Not Valid in India)

• You can file for divorce in the USA under local laws, but an ex parte divorce (one-sided) is not valid in India unless she also accepts it.
• A mutual US divorce may be recognized in India, but it’s better to follow the Indian legal process for full validity.

Best Option:

• File for mutual divorce in India while staying in the USA using PoA & video conferencing if the court allows.
• Ensure your wife arranges a visa status change if she wishes to stay in the USA post-divorce.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

As an Indian citizen married under Indian law, you can initiate a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, or under the Special Marriage Act, 1954 (if applicable), even while residing in the USA. Here’s how you can proceed:

Steps to File for Mutual Consent Divorce from the USA

1. Draft a Joint Petition

   • Both you and your wife must agree on divorce terms, including alimony, child custody (if applicable), and property division.
   • The petition should be drafted and filed in the family court where your marriage was registered, where you last resided as a couple in India, or where your wife currently resides.

2. Filing the Petition Through a Lawyer

   • You can authorize a lawyer in India to file the divorce petition on your behalf through a duly notarized and apostilled Power of Attorney (PoA).
   • Your wife can sign and send the petition from the USA, or she may travel to India for filing.

3. First Motion Statement (Hearing 1)

   • Either or both parties must be present in court. If you cannot travel, the court may allow a virtual hearing(subject to the judge’s discretion) or accept a PoA holder’s representation for you.
   • After recording statements, the court grants a cooling-off period of 6 months (which may be waived under exceptional circumstances).

4. Second Motion Statement (Final Hearing)

   • After six months (or earlier if waived), both parties must reconfirm their intent to divorce.
   • The court grants the decree of divorce if satisfied with the terms.

Will Your Wife Need to Leave the USA After Divorce?

Since your wife is on an H4 dependent visa, her status is tied to your H1B visa. Once the divorce is finalized:

• She loses her H4 status and must change to another visa (e.g., F1 student visa, H1B if she qualifies, or any other valid category) or leave the USA.
• If she does not secure an alternative visa, she must depart within the permissible grace period (usually 60 days).

Additional Considerations

• If your wife is unwilling to travel to India, she may sign an affidavit stating her consent, get it notarized and apostilled, and send it to your lawyer in India.
• If your wife does not agree to mutual consent divorce, you may have to file for contested divorce on valid grounds.
• Consider consulting a US immigration attorney to explore visa alternatives for your wife post-divorce.

For smooth proceedings, hiring an experienced family lawyer in India is advisable.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- 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.

- Hence, you can take her consent for mutual divorce , and can file a joint petition for mutual consent divorce in US Court.

- Her appearance in the said case is mandatory for giving her consent before the Court in US. 

If you initiate legal proceedings of divorce by mutual consent and get a decree in the US, it will be recognised in India. As your wife's visa status is linked to you as your wife, after divorce she can't legally stay back in the US.

You can apply in the USA court for MCD and that too will be applicable in the India.

After divorce your wife has to leave the USA.

Dear Sir,

As per your infomation supplied here. you can go for divorce proceedings of the country presently residing in by giving all the details as per the rule/laws there. If you get divorce there, the same will be valid in India as well. After divorce your wife may live there in USA if the terms of the H4-B visa permit so.