• Is my marriage dissolved or what should I do next

I was legally married in India in December 2020. Due to prolonged physical separation, I relocated to the United States in September 2023. After continued separation and mutual consent, my spouse and I filed for a mutual divorce in the state of Florida. In February 2025, the Florida court granted a Final Judgment of Dissolution of Marriage. The divorce decree has been apostilled for international recognition. Therefore, is the marriage is legally dissolved in both the United States and India?
Asked 8 hours ago in Family Law
Religion: Hindu

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15 Answers

No. Apostilled only valid when it relates to some registration like POA, gift deed etc.

To validate the divorce in India, you have to file application in Indian Court for enforcement of foreign court decree.  

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

It can be file through POA holder. Same court having territorial jurisdiction. Not much time. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

In the Mutual consent divorce decree cases there is no need to revalidate the foreign decree.Since mutual consent divorce is itself a recognised ground under Indian matrimonial statutes, a Florida decree expressly based on mutual consent normally aligns with the “ground recognised in Indian law” requirement.In such circumstances, Indian courts and authorities generally accept the foreign decree as conclusive between the parties, and a fresh divorce in India is not necessary.

 

If you think to revalidate the decree the only available solution is to file a new case in India for divorce and use the decree from Florida court as a document .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Your marriage is dissolved by decree passed by Florida court 

 

I presume it mentions divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

 

You can file petition in family court in india (where marriage was solemnised and registered ) under section 7 of family court act that marriage is dissolved by US divorce decree 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

It should not take more than 6 months 

 

you will have to present in court 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

In India you need to validate the decree and then it will be admissible in india

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. Since USA is not a Reciprocating Country recognised by the Indian Government, the No fault divorce decree obtained from UDA has to be validated in India.

2.  The validation can be obtained from the jurisdictional District Court in India.

3.  It may take two to three months.

4.  After validation, the divorce decree obtained from USA, will be valid both in India and USA.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

As I understand, you were married in India in December 2020 according to Hindu rites and ceremonies, and therefore the marriage was governed by the Hindu Marriage Act, 1955. Due to prolonged physical separation, you relocated to the United States in September 2023. Thereafter, by mutual consent, both you and your spouse voluntarily submitted to the jurisdiction of a competent Florida State Court, which granted a Final Judgment of Dissolution of Marriage in February 2025. The said divorce decree has been duly apostilled under the Hague Convention, 1961, thereby authenticating it for international use, including before Indian authorities and courts.

 

Under Section 13B of the Hindu Marriage Act, 1955, a Hindu marriage can be dissolved by mutual consent, which is a ground fully recognized under Indian matrimonial law. Recognition of foreign judgments in India is governed by Section 13 of the Code of Civil Procedure, 1908, which provides that a foreign judgment is conclusive unless it falls within the specified exceptions. In your case, none of the exceptions apply, as the Florida decree was passed by a court of competent jurisdiction with the voluntary participation of both parties, was decided on merits, was not ex parte, and was based on mutual consent, with no allegation of fraud, coercion, or violation of Indian public policy. The Supreme Court, in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451, and many others has consistently held that foreign divorce decrees granted on grounds recognized under Indian law, where parties submit to jurisdiction, are valid and enforceable in India.

 

In view of the above statutory provisions and binding Supreme Court precedents, your marriage stands legally dissolved in both the United States and India, and no fresh divorce proceedings are required to be initiated in India.

Anoop Prakash Awasthi
Advocate, New Delhi
18 Answers

  1. It depends on what grounds the decree of divorce  is granted by Florida Court.
  2. If the divorce  is contested, that is filed by one party but opposed by another and both parties appeared in Court, the  decree is awarded after due trial, such decree is valid in India. You don’t require any validation of such decree in India,  there is no such procedure  for validation of a decree validly obtained.
  3. If the decree is obtained on no fault ground then such decree is not valid in India and cannot be made valid by any procedure.
  4. Filing such decree you can obtain divorce on mutual consent by Indian Court.
  5. You can appear from U.S. through GPA given to your relative in India and appear in Court through video conference.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

Your marriage is legally dissolved in the US (Florida, February 2025) but NOT yet recognized in India. You must file a separate petition in an Indian court.

What You Need to Do

  1. File a recognition petition in an Indian Family Court or District Court (where you married or last lived together)

    • You can file remotely through a lawyer using Power of Attorney—no physical presence needed

    • File in your lawyer's office or through online e-filing

  2. Documents required:

    • Apostilled Florida Final Judgment

    • Marriage certificate

    • Proof of jurisdiction (domicile in Florida)

    • Affidavit of consent from both parties

    • Passport copies

  3. Timeline2-6 months from filing to court order recognizing your divorce in India

  4. Court jurisdiction: File in the district where you married or last lived together in India

  5. Visa implications:

    • H-1B: No action needed—unaffected by divorce

    • F-1 (your spouse): Must notify school/USCIS of divorce status change

Why This Is Critical


You cannot remarry in India until an Indian court recognizes your Florida divorce. Without Indian recognition, you remain legally married under Indian law and could face bigamy charges if you attempt to remarry.

Bottom Line

Hire a family lawyer in India immediately. Costs typically ₹10,000–₹50,000 ($120–$600 USD). The entire process can be completed while you stay in the US. Your lawyer handles court appearances; you don't need to return to India.

Shubham Goyal
Advocate, Delhi
2073 Answers
14 Consultations

Your marriage is legally dissolved in the United States, and it is generally recognized as valid in India as well, subject to Indian private international law principles. Under Indian law, a foreign divorce decree is recognized if (1) it was passed by a court of competent jurisdiction, (2) both parties voluntarily submitted to that jurisdiction, (3) the divorce was granted on grounds recognized under Indian matrimonial law, and (4) principles of natural justice were followed. Since your divorce was by mutual consent, both of you participated, and a Final Judgment of Dissolution of Marriage was issued by a Florida court and apostilled, it meets these conditions. Mutual consent divorce is a valid ground under Indian law (e.g., Hindu Marriage Act), so no fresh divorce proceedings are required in India in most cases. Apostille strengthens international acceptance but is not, by itself, a “registration” in India.

Practically, no further legal steps are mandatory in India unless you need formal recognition for a specific purpose (such as remarriage registration in India, name change, or resolving future legal disputes). If such proof is needed, you may either (a) present the apostilled Florida decree directly, or (b) file a declaratory suit in an Indian family court seeking confirmation of marital status—this is optional, not compulsory. You do not need to file in the same Indian court where the marriage was registered, and physical presence is usually not required; a power of attorney to an Indian lawyer is sufficient. There is no online nationwide system to register foreign divorce decrees in India, though document submission can often be handled remotely by counsel. Timeframes vary: if no court filing is done, recognition is immediate; a declaratory suit, if chosen, may take several months. Your visa statuses (H-1B and F-1) and the absence of children or shared property do not affect the validity of the divorce.

Lalit Saxena
Advocate, Sonbhadra
92 Answers

mutual consent divorce from the U.S. for an Indian marriage is generally valid and recognized in India under principles of international comity and Section 13/14 of the Indian Civil Procedure Code, provided both parties genuinely consented, participated, the U.S. court had jurisdiction, and the grounds align with Indian law (like the Hindu Marriage Act).

The U.S. isn't a "reciprocating territory" for automatic execution, but the decree is considered conclusive, requiring an application to an Indian court to declare it binding, not a full new divorce. 

Provided 

1. The U.S. court must have had proper jurisdiction over both parties.

2. The divorce grounds (mutual consent) must also be valid under Indian personal laws (like the Hindu Marriage Act, if applicable).

3. Both parties must have consented and had a chance to be heard (no fraud/coercion.

You may note that the Apostille does not itself confer validity under Indian matrimonial law, it only removes the need for further authentication. 

 

However, separate Indian court decree of divorce is not mandatory if there is no dispute except declaration by a civil court under section 13 of CPC to declare the US  divorce as valid.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Since there are no children, no shared property, and a mutual divorce by Florida court, there are no additional legal steps required to complete the divorce in either US of India except you may have to file a suit for declaration in India to declare the Florida divorce as valid since US is not a reciprocating country

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You can file the suggested civil suit in India by online by online mode however you may have to be physically present along with your ex- husband during the hearing in your case, if both are present, then it may not take more than one or two hearings i.e., within three months  

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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