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.
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?
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We don’t have kids and also we don’t share any property . I am on my H1 ab and my husband is in F1 visa. Please let me know what steps are needed more to complete the process
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.
Can I apply online or I need to be present physically . Also do I need to file in same court ? How long does it take
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 .
Your marriage is dissolved by decree passed by Florida court
I presume it mentions divorce by mutual consent
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
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.
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.
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.
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
Documents required:
Apostilled Florida Final Judgment
Marriage certificate
Proof of jurisdiction (domicile in Florida)
Affidavit of consent from both parties
Passport copies
Timeline: 2-6 months from filing to court order recognizing your divorce in India
Court jurisdiction: File in the district where you married or last lived together in India
Visa implications:
H-1B: No action needed—unaffected by divorce
F-1 (your spouse): Must notify school/USCIS of divorce status change
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.
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.
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.
A 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.
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
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
Based on the facts stated by you, your marriage is legally dissolved in the United States, but it is not automatically dissolved in India merely because a foreign court has granted a divorce.
Since your marriage was solemnised in India under Hindu law, its dissolution is governed by the Hindu Marriage Act, 1955. Indian courts do not automatically accept foreign divorce decrees. Recognition depends on whether the decree satisfies the conditions laid down under Indian law, particularly Section 13 of the Code of Civil Procedure.
A foreign divorce decree is recognised in India only if it is passed by a court of competent jurisdiction, both parties voluntarily submitted to that jurisdiction, the decree is not opposed to Indian law or public policy, and the ground of divorce is one recognised under Indian matrimonial law. In your case, the divorce was by mutual consent, both spouses participated voluntarily, and there are no disputes relating to children, property, or maintenance. Mutual consent divorce is a recognised ground under the Hindu Marriage Act. Therefore, the Florida divorce decree is substantively valid, but procedural recognition in India is still advisable to avoid future legal complications.
To fully close the matter in India, it is recommended that you approach an Indian Family Court for formal recognition. This can be done by filing a petition seeking a declaration that your marriage stands dissolved on the basis of the apostilled foreign divorce decree. This is the safest and most commonly followed route. Some couples alternatively choose to file a brief mutual consent divorce petition in India referring to the foreign decree; courts often waive the cooling-off period in such situations. This second option is not mandatory but is sometimes preferred for record clarity.
You do not necessarily need to be physically present in India. The process can be completed through a Special Power of Attorney executed in favour of a trusted person in India. Courts also permit video conferencing appearances, subject to permission. The case does not have to be filed in the same court where the marriage was registered; it can be filed where either spouse last resided together or where one spouse ordinarily resides.
Such proceedings generally take about two to six months, depending on the court’s workload. If the matter is uncontested and all documents are in order, it may conclude sooner. The usual documents required include the apostilled Florida Final Judgment of Dissolution of Marriage, marriage certificate, passports and visa copies, address proofs, and affidavits confirming mutual consent and absence of disputes.
Without obtaining recognition in India, your marital status may still appear as married in Indian records, which can create issues in the event of remarriage in India or in matters relating to inheritance or personal law rights. Completing this procedural step ensures that your divorce is legally unquestionable in both jurisdictions.
It is always advisable to take guidance from an expert in cross-border matrimonial matters, and obtaining a second opinion is often helpful to ensure the matter remains on the correct legal track and no future complications arise.If you wish to contact us, you may do so on https://qrco.de/syslaw