Married in India, want to get divorce in USA before going back to India

[brown]

Hello,

I had one question regarding divorce in Washington state.

I have been residing in Washington state for the past 6 years on H1B visa. My wife has been residing here for the past 4 years, first on H4 visa and then on F1 visa as a student. We are both Indian citizens but would like to get a divorce with mutual consent. We have no kids and have decided amongst ourselves how to divide our earnings during this period. But our marriage has not been consummated in all this time due to some issues I have.

The question I have is that her F1 visa expires by end of August 2012 and she will need to leave the country within 2 months of that date. I may be in the US till the end of this year after which my visa will expire as well and I'll need to return to India. I read that a 90 day cooling off period is required from the time that the first papers are filed in Washington state, after which the court can grant the divorce if we are still looking to get divorced.

Since my wife will not be in the country at that time, will there be any problem? I may still be in the country at that time, so will it be possible for me to send her the final divorce papers in India, to get her signature?

Will a divorce granted by a Washington state court be valid and accepted in India? We were both married in India under the Hindu Marriage Act. Will there be any problems that we'll face with a divorce granted in the US, after we go back to India?

I would greatly appreciate your counsel in this matter.

[AFFA]

I wish to inform you that you can obtain divorce in USA if you are present in USA. Further a foreign decree to be recognized in India must meet the criteria as provided under Section 13 of Civil Procedure Code. If you take divorce which is on a ground recognized in India then and the decree is not ex party then your divorce will be recognized in India.

AFF

[Friend In Court]

Originally Posted by brown Hello, I had one question regarding divorce in Washington state. I have been residing in Washington state for the past 6 years on H1B visa. My wife has been residing here for the past 4 years, first on H4 visa and then on F1 visa as a student. We are both Indian citizens but would like to get a divorce with mutual consent. We have no kids and have decided amongst ourselves how to divide our earnings during this period. But our marriage has not been consummated in all this time due to some issues I have. The question I have is that her F1 visa expires by end of August 2012 and she will need to leave the country within 2 months of that date. I may be in the US till the end of this year after which my visa will expire as well and I'll need to return to India. I read that a 90 day cooling off period is required from the time that the first papers are filed in Washington state, after which the court can grant the divorce if we are still looking to get divorced. Since my wife will not be in the country at that time, will there be any problem? I may still be in the country at that time, so will it be possible for me to send her the final divorce papers in India, to get her signature? Will a divorce granted by a Washington state court be valid and accepted in India? We were both married in India under the Hindu Marriage Act. Will there be any problems that we'll face with a divorce granted in the US, after we go back to India? I would greatly appreciate your counsel in this matter.

A divorce granted under U.S. law would be recognized as valid in India. A marriage recognized as valid in India would be recognized as valid in the U.S.

As to your wife going back to India before the 90-day period has elapsed, since this is an agreed dissolution, without property or children involved, it should be simple. Ordinarily, both parties appear to get the final decree and verify to the court that their signatures are in fact their signatures and the marriage is irretrievably broken.

What your wife can do to be sure the petition will be honored is have a lawyer represent her for the final decree. It should be relatively inexpensive and would assure her participation in the petition is valid.

[brown]

Thank you all for replying. The last answer was especially useful. So one does need to be present before a judge before getting the final divorce decree? I read on the Washington State that the divorce can be completed without any court appearance at all.

Should she find a lawyer who will be able to represent her in court before she leaves from the US?

[brown]

Hi Friend in Court,

Could you please reply to my latest post? I read that in Washington State one need not even appear in court for an uncontested divorce case. Is that correct or do we need to be present in court for the final decree in Washington state? And does my wife need to hire a lawyer before she leaves the US and goes back to India?

[Friend In Court]

Originally Posted by brown Thank you all for replying. The last answer was especially useful. So one does need to be present before a judge before getting the final divorce decree? I read on the Washington State that the divorce can be completed without any court appearance at all. Should she find a lawyer who will be able to represent her in court before she leaves from the US?

Having been divorced in Washington State I can answer not just theoretically from the law but firsthand. When both parties are represented by counsel, neither of them need appear. But when the parties are unrepresented, the court will want to inquire that the signatures are authentic and requires both to be present. Otherwise one party could file the papers and forge the other's signature.

So, before your wife leaves the state, it would be wise for her to have a lawyer represent her to obtain the final decree.

[Jimhassel]

I must tell you that US granted divorces are accepted in India as per the provisions mentioned in section 13 of Indian Civil Procedure Code.