FAQ: Divorce In Us Valid In India?

• US court divorce order will be not valid in India. Only Mutual Consent Divorce performed in US court that will be valid in India. So, you both of you better go for Mutual Consent Divorce and make first MOU between both of you and produce in the US court and get signed and sealed from court.

Most couples married in India often wonder if it is possible to apply for a divorce in the US and if the divorce decree so obtained in the US is valid in India. It is, of course, possible. However, the rules will not be the same when foreign laws and processes are involved in the divorce.

Can I get divorce in USA if I married in another country?

Marriage is a state issue, not a federal, so the laws governing divorce vary by where you live within the U.S. Still, states will allow you to dissolve a foreign marriage here somewhat easily. There are two catches. First, your marriage must be valid in whatever country it occurred.

Is marriage in India recognized in USA?

According to information provided by the U.S. consulate, valid Indian marriages can take the form of either a religious or a civil ceremony. Some, but not all religious ceremonies will lead to a certificate that is considered sufficient for U.S. immigration and other legal purposes.

Is no fault divorce valid in India?

Presently, Indian law does recognise No–Fault Divorce but only by the Supreme Court with a distinct nomenclature called ‘irretrievable breakdown of marriage’.

Is California divorce valid in India?

1) If you have obtained a divorce in California you don’t need to get the same ratified in an court. The decree of divorce you have obtained in the Court in California is valid despite another proceeding in India.

How do I divorce my foreign spouse?

What to Do When Divorcing a Foreign National Spouse

1. Status of Residency:
2. US Department of State website and review the rules for process serving in foreign countries.
3. Complete the divorce paperwork, making sure to include both parties name and address.
4. File the petition with the clerk of the court in the county in which you live.

Can you file for divorce in two countries?

Several states, including California, will not recognize a divorce decree obtained abroad when both spouses were living in their home state. You will need copies of all the documentation of your marriage and divorce and applicable foreign laws.

What if I marry a US girl?

An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents. After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship.

Who can marry under Hindu Marriage?

Section 2 of the Hindu Marriage Act 1955 states that this act applies to any person who is a Hindu by birth or who has changed his/her religion to either any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.

Can I get married in India on a tourist visa?

As per the visa manual, tourist visa can be converted to X2 visa only when the marriage takes place in India and gets registered within the validity of the present tourist visa. Contrary to that, if anyone wants to do so has to go back to his or her country and come back on X2 visa.

What is new divorce law in India?

Waiving of 6 Month Mandatory Period

When couples approach the court for divorce under Section 13B(2) of the Hindu Marriage Act, 1955, the court grants six months for rehabilitation. Section 13B(2) deals with divorce by mutual consent. The purpose behind granting six months period was to save a marriage.

How do I file for divorce abroad in India?

If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country.

How can I divorce my wife in India?

Procedure to be followed for a Mutual Divorce.

1. Step 1: Petition to file for divorce.
2. Step 2: Appearing before Court and inspection of the petition.
3. Step 3: Passing orders for a recording of statements on oath.
4. Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.

How long does it take to get divorce in USA?

Assuming the divorce petition was filed correctly, if a divorce is uncontested then in some states it can be finalized in as little as 60 days. Other states have a cooling off period which means a divorce could still take six months or longer. Once papers are filed, a spouse must be served with a copy of the complaint.

Can OCI file for divorce in India?

If your marriage happened according to your respective personal laws in India, you can file a divorce petition in the family court of the place of marriage. The regular grounds for divorce under the respective personal laws are available to NRIs also.

Minti Vaidya