• Divorce - India or US

Hi
I have been on an L1 visa for the last few years which is expiring next year. I got my wife and two kids to US last November despite our history of incompatible relationship. We recently decided to split and I have moved out now. I would like to file for divorce and not sure where to file, India or US -
My employer initiated my green card application (for the whole family). 
1. My question whether I need to file for divorce in India where we got married or here in NJ?
2. She is concerned about alimony and wouldn't be happy with the court's order in India considering she wants to stay here in US
3. not sure if I should file her green card or not. What if she gives me a hard time giving a divorce when she is permanent residency. 
She may want to move to India and I would then move as well as I want to be near my kids. If in India he would want my apartment and cash upfront. In US she would expect monthly alimony. Her concern could be if we agree on MK that in the US and I leave for India then would she have any rights left or if she files in India and takes alimony in India she may not be able to suppprt herself in the US as she would need monthly money in dollars.
Asked 1 month ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) you can file for divorce in India or USA wherein you are residing at present 

2) you can enter into consent terms wherein amount of alimony payable to wife can be provided for 

3) consent terms are enclosed to divorce petition 

4) in India mutual consent divorce takes around  6 months 

5) better file for divorce in India as you apprehend your wife would give you hard time in USA 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. You shall have to file the divorce suit in India for getting a divorce decree which will be valid in India.

2. If you get a divorce decree passed by a foreign court, then you shall have to get the said foreign decree validated in India by applying before the local District Judge.

3. You should negotiate with her to jointly file a mutual consent divorce petition in India which will be disposed off within 6 & 1/2 months from the date of its filing.

4. While filing MCD, you two can negotiate and mutually decide about the amount of one time compensation/alimony  to be paid to her.

5. It will not be advisable to file for her green card when you have already decided to terminate the matrimonial relationship with her.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. You may apply for it in US but if she is still a citizen of India then she can file a suit in India to declare the US decree as not binding on her  subject to her having disputed tbe jurisdiction of US court.

2. In US the court will order division of assets but in India her only right is the right to reside in your house and claim monthly maintenance.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
1.  If he proposed divorce case is not on mutual consent and it shall be on the contested grounds, then you may plan to return to India and stay here for another two to three years, initiate the divorce proceedings, conduct it with your presence and return after the case is disposed  OR
if you cannot spare time to conduct the divorce case in India which may run for years, you may file the divorce case in US itself since she had resided there with you for few months. 



2.  The alimony aspect will be taken care as per law in US whereas in India it shall be on the basis of how cleverly the parties manipulate the claim and repudiate the same. The documentary evidences and non-involvement of immovable properties are few disadvantages in her alimony claim if the divorce case is contested by her in India when compared to US divorce proceedings. 






3.  Since you hav already planned to divorce her seeking dissolution of yor  marriage with her, there may not be any use or advantage for you to apply for green card for her.
In fact that may be hazardous to you and the disadvantages would be on the higher side, which you may analyse in your free time. 










Her concern could be if we agree on MK that in the US and I leave for India then would she have any rights left or if she files in India and takes alimony in India she may not be able to suppprt herself in the US as she would need monthly money in dollars.

Do not make any commitments to her in a hasty move nor you should budge to her pressures or falling weak to any sentimental pressures or emotional blackmail on the pretext of visitation rights to  your kids etc. 
You should handle the situation cleverly.  
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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