QUESTION
Can we get divorce in both India and the US for marriage registered in india?
Asked on Feb 03rd, 2015 on Divorce - Maryland
More details to this question:
I am a U.S. citizen, married to an Indian citizen. He has never been to the U.S. Marriage was registered in India. Due to personal differences we both mutually agreed to separate. My spouse in India wants to have a divorce in India, but I also want to file for a divorce in the U.S. since I meet the requirement to file divorce in state of Maryland. He is willing to sign the divorce papers from India, but he cannot be present for hearing in the U.S. Also, I am willing to travel to India to sign the divorce. We do not have any child or any assets in both of our names. We have never lived together. Anything we have from each other is already exchanged. The only reason we have to file for a divorce is because we are registered.
1 ANSWER
3 Awards
If you have lived in MD for more than a year, you can file for a divorce in MD now. With your Husband's cooperation, this should not be a difficult or expensive matter. To expedite the MD case, he will need to file an Answer to any Complaint for Divorce that you file indicationg that he is not contesting what you allege in your Complaint and the relief you are seeking. For MD purposes, it is not necessary to also file for a divorce in India. However, your Husband may want to do that s o that it is clear for Indian legal puposes that you are divorced. I am not licensed to practice law in India, so I cannot give you any advice on what is involved or about the legal effect of obtaing an Indian divorce. It may be possible that your Husband will not need to obtain an Indian divorce, but could record the MD Judgment of Divorce with the appropriate authorities in India.
Answered on Feb 03rd, 2015 at 1:03 PM