Dear All,
I am a project manager working with an Indian IT company and now posted in USA. We are married for 10 years and having 2 kids ( 7 year & 3 year) . My wife is a home maker and on dependant visa . My wife found someone during her visit to India and started asking for divorce after coming back . She has made several phone calls and e-mails to the persons whom she want to marry. I have some e-mail proof that talks about their elicit relationship .
Now she has filed no-fault divorce in US in a family court . She agrreed earlier for no maintennace and giving elder son to me as placement..joint custody on both the sons ...however I am no sure if she would change her decission and plan to take both the kids with her .She will ask for child support and spousal support .In USA as it is a country of no-fault divorce extra -marital affair has not any reason .
I am very attached to the children and do not want to loose them . She is planning to get divorced here and get married to her boyfrined in India and move to a different country along with my kids.
Her family members started putting lot of blame on us and threating my parents about 498A case etc .They have a plan to get her daugther with my two kids and will keep her at their native place with a legal separation. That way I will end up paying maintennace but would be the biggest loser .
As me and my wife are in US now her family members are not able to file any case against us . Also my wife is not in the side of her parents to file any kind of case against us .
I am not able to take a decission whether to go for divorce here in USA would be in my favor or getting divorced in India would be in my favor. My wife's family members have very strong hold and power in India.
However I do not want to come under pressure from my wife ( DV) and agree to whatever she say here for mutual divorce . If things are not in favor I am planning either to go for a content in US family court or go back to India and contest there .
What are the best options for me ... There are so many ifs and buts ..not able to decide clearly . One thing is clear her family members might try to put us in trouble / demand heavy money from me .
If the US family court settle the matter of child placement - say both kids goes to her , can I file a case later in India court to reconsider the decision. Also I was thinking of aksing for 1st one year for my elsder son to be with me ... not sure if that would help .
Also if we have join custody on both kids- is there any way I can restirct her not to travle with my kids without my permission.
Also I am hearing as my salary is very high in India ( abt 20lac) she might ask for big monthly compensation - may be 30-40% of my salary ..is that a possibility ?
Please let me know various possibilities that would help me to take a clear decission .
Best Regards
Rohit
