Divorce

Originally posted by : Akhilesh Srivastava
	I am desperately looking for help! I am a US citizen of Indian origin; got married in India in July 2012; my wife immigrated to US in Aug 2013. I am currently living in New York with my wife and 3 year old son. My wife want to move back to India and does not want the child custody. My wife and I are not getting along and finally we have decided to file for divorce. My wife has been running around and consulting everyone one on how can she can squeeze maximum possible money out me and have an easy life after divorce. I have the following questions: 1. How can I safe guard my assets? I bought an apartment in India and house in New York before I got married. 2. What are the other things I can do prior to filing for divorce so that she ends with a share of my debt instead of any money 3. What can I do to reduce or eliminate monthly alimony support? 4. Where should I file for divorce in New York or New Delhi? A precise and comprehensive legal advise shall be highly appreciated.

IF wife agrees to file mutual divorce in America, then well and good.  That divorce will be valid in India also.  Suppose if you alone file divorce there and it is granted, then also it is valid until such time till your wife challenges the same in India.  Then automatically the divorce granted by foreign court will become invalid.

If you married in Delhi, then apply for divorce in Delhi.  Respectably MCD under 13b of HMA.  Both have to give consent.  Both have to be present while filing divorce, have to appear on second date and give acceptance for divorce and divorce will be granted in 6 months time gap between first date and second date is 6 months.  If one of you dont want to agree for divorce, court will wait till end of 18 months before dismissing your MCD petitoin.

If wife does not agree for MCD, then you will have to go regular route of seeking divorce via contested method, that also you need to file in Delhi Family Court only.  Eitherways discuss with your wife all this and come to a conclusion as to how you will proceed.  

Divorce in US will be highly costly as attorney will charge way too much than a Indian Lawyer.  So see which is feasible.  Regarding assets, it will be in your name only, if wife contributed towards buying it, then proportionate part will be hers.  Children if any will have equal share in property after they turn into adults.

I think I covered all points here.

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