• Process to divorce

Sir, i am jigar living in Gujarat married to Jyoti who is living in usa. we married in 11-2013 after 2 year she didn't do any visa process for  me to get usa. now we both want to divorce without any problem. we both are agree to give divorce to each other.  what is the process for divorce,and time? is there any rules in USA of one side divorce? can u plz give me proper guide to further process?

plz mail me sir, my id is maujig1811@gmail.com
plz
plz
plz  give me right guideline
Asked 10 months ago in Family Law from mehsana, Gujarat
Religion: Hindu
1) you can fiie for divorce by mutual consent in gujrat wherein you are staying . it wont take more than 6 months 

2) in the alternative your wife can file for divorce in USA . you would be issued summons . in reply you can state that you are agreeable for divorce . 

3) USA court would grant your wife divorce . divorce decree would be valid in India 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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1. File a mutual consent divorce petition in India wherein she should sign the petition being notarised by local Indian Consulate and send to you,

2. File the said MCD petition and after 6 & 1/2 months both of you shall have to personally appear before the Court after which the decree of divorce will be passed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1) she can execute POA in favour of relative 

2) if family court in your city has video conferencing facilities your wife  can convey her consent to court through skype . 

3) if  judge t is satisfied that your wife wants divorce then divorce  decree  would be passed by court 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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1. She can file the MCD petition staying in USA by notarising her signature before Indian consulate but she has to appear before the Indian Court during the final day,

2. If she can not come to india, she should file the divorce petition before the USA Court and take divorce decree issued by the said US Court,

3. The said court decree will not be valid unless it is vaidated before the Indian Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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If both of you are into a positive agreement to end your marriage amicably then file for mutual divorce which should be granted in 6 months. She can execute a POA in favour of any of her relatives in India to file for divorce and take all the necessary steps to take it to a logical conclusion. 
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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Hi
 she can file there in US for divorce or else you can file in India. If either of you don't contest there can be an ex -parte divorce order.
If your wife is not negotiating for the  proceedings and not ready to come down to  India  you should file a petition for divorce  and seek for Ex-parte order.
This can be done if she does not appear  in the court despite receiving the notice from the court.
You can file divorce by giving her address in Inida and US and send notices to both addresses and she can chose  not to attend/ appear in  court after receiving the notice/summons from the court , so the court will order ex -parte divorce .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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 i am jigar living in Gujarat married to Jyoti who is living in usa. we married in 11-2013 after 2 year she didn't do any visa process for  me to get usa. now we both want to divorce without any problem. we both are agree to give divorce to each other.  what is the process for divorce,and time? is there any rules in USA of one side divorce? can u plz give me proper guide to further process?
If you both agree to dissolve your marriage by a decree of divorce under mutual consent. you both can sign the joint petition for divorce and after submission wait for 6 months wherein you will get divorce.  
Exparte divorce is available everywhere.


she is not coming India.. is the any process. she can do by staying in usa.
She can give power of attorny to somebody in India to sign the papers on her behalf, however she may have to present during 2nd motion of this mutual consent divorce proceedings. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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