I want a divorce. I am in US and my husband is also in US. We both are working at different places. We both are Indian citizens on H1B. We have not stayed together for even a year. Can we get a divorce in US? Will it be valid in India? Do we have to get a divorce or can the marriage be declared as cancelled ?
I think you should consult a lawyer to get the correct details. Since this is anonymous forum and members help each other in distress, may we know the reason why you are wanting a divorce? May be we could help you save your marriage.......just my opinion!
Whatever state you are in has certain laws about how long you must reside in the state to get a divorce, and how long you must have lived seperately from your spouse. For example, some states require that to file in their state, either you or your spouse must have lived there for 6 months. Then some states will let you file for divorce, but then for it to be finalized, you and your spouse must be living seperate (not under the same roof) for a year. You can find out the specific requirments by googling "Virginia divorce law" (i.e. you put the state you live in instead of Virginia) also, the county you live in will have a "clerk of court" webpage and that webpage has a lot of info on divorce procedures. Some states offer simplified divorce where if both partners want the divorce and have worked together to sort out ownership of property AND have no children, then those type of divorce papers can be filed. As for US divorce being valid in India, I have known of people who have gotten divorced in US and remarried in India. So if it werent valid, how would they have been able to get remarried in India? I have also known of the reverse, married in India, divorced in US, remarried in US.
Firstly whether you both are willingly ready to divorce each other? If Yes, then you either one of you should travel to either state where you are staying and go to the court and file the divorce paper and you are done in couple of hours. For this you guys can either hire a lawyer to do the paperwork and prepare a separation agreement or you can do yourself, but it is always better to get it done through lawyer with legal language. Before you go to the lawyer, you and your husband should discuss the terms of separations. Once both agreed forward the same to the lawyer and get it typed in Legal Language. Forward the same to your partner for his verification and go to the court together. Sign in front of the judge or Sign in front of the Lawyers and Lawyers will sign as a witnesses. Judge will give you divorce at the same time. Be clear and specific in separation terms considering all the future possibilities. Make sure you add one point that Neither party will approach any other court of Law in any other country including India to challenge the divorce Judgement. - This will be an added security for both the parties who may try to challenge in India. As it again depends on the Judge of the different court outside US. Another Point to be considered is usually in most state you need to be a resident of that state at least for 1 year. I am not sure with California probably it is 6 months please verify.
y dont u try to live together and work on marriage if he is good..life after divorce is tough.. many things come up..like tough to get another guy, adjustment problems etc..
Hello Friends, If you are in US and want a divorce from your husband, here's a guide to the lagalities involved: Know Your Rights before Filing for Divorce in US Hope this helps, all the best, Moumita
