Need suggestion regarding filing divorce in usa

@ Author if possible get in touch with me i am in U.S. as well. If you are married according to hindu marriage act then you will have to file divorce in india only. U.S. based divorce might result exparty which is always subject to contest in india so don't waist even a single penny in U.S. it's not worth it unless you have plans to get remarried in U.S. and not visiting india for atleast 10-20 years. Did you think of consequenes post divorce such as maitenance/alimony ? I guess not ........check your PM.

If you can enlighten me how to get ex-parte divorce in US.I have heard that getting Divorce in USA is quite easier and less time consuming?I have plan to marry someone in USA.She is US citizen.When I get the divorce decree I would like to marry her.But a bit confused about this.

Any suggestions?

If you are planning to get remarried in U.S. then definately you can proceed with divorce in U.S. matter of fact you can do this yourself in the county where you reside. Make sure you provide proper address to serve your wife notice in india also while service notice i suggest you follow steps as per hague convention you will need to serve notice through ministry of external affairs or ministry of home affairs now since your wife won't be able to attend any court proceedings in U.S. your case will be defaulted and you will get judgement on your side and once you get divorce decree you could remarry in U.S. but make sure you rush your citizenship or green card process as soon as you can the reason i am suggesting you this is because until you get your citizenship or green card you might still be on indian passport and in case if your wife contest any divorce case of yours from india then things can get worse. Recently punjab passport authority has seized couple of passports of NRI residing abroad so just be careful of what you do ? Best is to resolve disputes with your wife amicably no matter if you obtain divorce decree in U.S. and you get remarried if your wife is still not married then she is entitled for maintenance/alimony till she get remarried as per section Crpc 125.

Divorce in US, which is not contested by the other party is not enforceable in India.

I was married in India under HMA and divorced in US. Please reach out to me via pm. 

Without knowming much about the case ( which US State are you in - we have laws per State. Do you have children with her ? Is there US property ?  )  background and although not authorised to practice law in US or in India, I can make the following suggestions:

1. Apply for Dissollution of marriage on the grounds of "irreconciliable differences".

2. Serve the papers to her in India. I think there is a legal clause which says that she has to be a resident in that county for more than 6 months before you can file/serve. US court will dissolve Indian marriage and give you a decree.

3. In the dissolution motion, depending on the State, you can ask for 100% of property, funds etc AND 100% full custody. OR you can be humane and give 50-50 of everything. For children, that would amount to joint legal and joint physical. 

4. Everything that you have aquired since marriage is community property and can be split 50-50. If the property is in India and if you can prove it, US court will ask that the property be split - compliance of this is perhaps debatable. 

5. You can get the US court to order your wife to pay you alimony and pay you child support if you have the kids. You will have to prove that she is working. Law is - you can get alimony for 50% of the length of marriage. If she does not comply, you can file contempt of court and make it a criminal matter. 

6. DV - Any DV element you throw into the case, you become the undisputed King. You get several benefits from the State government and several  free services from the county. DV will help you get your green card faster and some of the fee is waived. 

7. Re-marrying. You will need your divorce decree before you re-marry. When you are marrying in US, you first apply for marriage license, in that, you have to declare your previous marriages. Also, when you are filing Green Card ( forms I -130, Form I-485 for adjustment of status), you have to provide proof of termination of previous marriage. 

8. Kids - Do you have kids. If yes, and if they are in India, do declare the exisitance. You cannot file for divorce and not disclose the exisitance of kids. Remember, the kids may be physically present with her in India but you can get full physical and full legal custody. There are tax implications and benefits for you here. 

9. Within 3 months of marrying US citizen, you will get your EAD ( work permit) and within another 3 monthset you will get your GC. You can then file for your childrens GC if you wish and bring them to US. 

@ Adam question remain the same ? Is uncontested divorce going to be valid in india ? 

"Is uncontested divorce going to be valid in india"

this type of divorce may not be valid in india but it is Valid in USA, and since he is going to remarry USA citizen, this is the best path to follow inorder to remail in usa.

@Victim

Uncontested divorce is valid in US. 

The petitioner (@Fighter) would need to file the US divorce decree in India and at that time will there be any resistance from his ex-wife from US perspective but wife from Indian perspective. 

Technically, his wife can legally rape him in India unless she is in favor of the divorce. 

Spearating the grain from chaff, I think Fighters objective is:

Get divorce from Indian wife who is based in India. Get married to US Citizen based in US. Be able to travel to India without fear of any arrest. 

I leave it to the lawyers to advice. Whether contested or uncontested is moot.

@ Adam,

Question is what happens when we step to our motherland ? Just for an example whne we fly we fly barely for 15 days or max 1 month and in case if we get stuck with such legal consequences then comes the question of passport impounding. Long story short i personally like to keep my records clean but when the wifes get stubborn then the advice which you have given is better for author but only problem would be when author visits india. Is he going to be safe ? Is he going to be termed as proclaimed offender ? I hope it doesn't happen in case if the other lady in india decides to remarry and then don't do anything against him. Author it seems you will have to make up your mind. What is important ? Getting citizenship by marrying other lady in U.S. and then not visit india for some period of years or clear everythig with the girl in india and then remarry.
 

@Victim, @Fighter

The original author has not indicated whether he is US Citizen or US Permanent Resident( Green Card ). It is important to understand that US embassy in India cannot and will not "help"  Green Card holders, if arrested in India for DV or other civil/criminal matters in India.

However, if you have a US Citizenship and have US court orders to prove that you are clearly divorced, then theree is no immunity from arrest, but you may be able to save your passport from impoundment. There is no gurentee, sadly. I know of one case ( from Google research) who was arrested at Hyderabad airport and his passport was impounded. 

Safe way is to address the India cases and put closure or use legal tactics to obtain stay on proceedings, extend court dates. Hiding is not going to help IMHO. Some day you might RTI ( return to India) and who know, by then the laws would be similar to US and yours might be a "cold case" case. 

If wife claims you are making say Rs 2 Lakhs per month, the accural of alimony may be substantial and perhaps the settlement amount may be unfathomable. 

One way out of this is to change your identity. Change of name when entering India. Dont apply for OIC/PIO and enter from a non home airport. 

I like ur last advice "Entering from non home airport" which is very easy from nepal. Par Mere bandhu kya hum sab criminals hai ?

@Victim

Refer to my post, part thereof states, ..."Safe way is to address the India cases and put closure or use legal tactics to obtain stay on proceedings, extend court dates..."

If you are not able to put clean closures and settle, then you have two courses of action (a) Face the consequences when you visit India (b) Avoid the consequences. 

To your point, yes, you will have to live the life that of a fugitive. You can document your experiences of living fugitive life and file DV on your wife or ex. Remember, you can file DV on your wife at any time. Emotional abuse falls directly under DV. 

Once you file DV ex-parte, you are the undisputed king and you rule ! 

noted sir....

https://www.indianexpress.com/news/help-for-holiday-wives/894258/2