Divorce
Deepak Dewan
(Querist) 02 January 2015
This query is : Resolved
Hi
My wife and I have lived separately for over 5 years. I returned to India 5 years ago, while she continues to live in USA. We have 2 adult daughters who also live in the United States.
I filed for divorce by mutual consent, in the USA in October 2013. It is still pending. She is giving me a hard time, refusing to sign the divorce papers served by the court, unless I agree to give her the entire property. (When we agreed to the terms of our divorce, the house was to be 50-50)
My question is: we were married in India in 1984. We migrated in 1995. We hold Canadian citizenship and are permanent residents in USA. Can I (and will it serve me better) file a divorce in India? Will she be obliged to come here for court hearings?
I would like to understand if there is significant benefit (to me) in doing this in India, as not will it save me the higher legal costs in America, but also help to speed up the divorce?
Thank you!
Deepak
Devajyoti Barman
(Expert) 02 January 2015
Divorce granted either in USA or in India makes no difference as marriage at the end of the day would be dissolved by the decree of court by either of the said two countries.
The litigation in USA takes much less a time than that in India.
Choice is yours.
ajay sethi
(Expert) 03 January 2015
if marriage has been solemnised in india you can file for divorce in india . however in india divorce procedure is long drawn process . in USA you can get divorce faster but your wife takes 50%of your assets
Rajendra K Goyal
(Expert) 03 January 2015
In most of the states in USA the divorce is no fault divorce. If one party approaches court for divorce it would be awarded. Martial property would be divided in equatable manner or as per state law. In USA even contested divorce is decided in less than two years in general. When you are ready to surrender 50% of your assets, no need of her consent, let the case be decided on merits. You have to surrender lot of money towards legal charges.
It is better to continue with the case in USA.
Biswanath Roy
(Expert) 05 January 2015
You are a man of means why you are seeking free legal services?
Guest
(Expert) 05 January 2015
Well Advised by Expert Mr.Devajyoti Barman.
Guest
(Expert) 05 January 2015
Better discuss details with some local lawyer.
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
You may analyse the pros and cons and also take the advise/opinion from a local lawyer and proceed.
malipeddi jaggarao
(Expert) 09 January 2015
Experts advised very well.
I also support the comment made by expert Shri Biswanath Roy.
