Hi, I'm a citizen of India, and so is my husband. However, my husband is also a perm resident of US but resides in India. I on the other hand don't have perm residency. Considering my husband is not willing to grant me a divorce under mutual consent and the family court can take years to grant me one, is it possible for me to file a petition for divorce in US? Thanks!
ARe you currently living in US or India? If you are living in USA at present, then its possible to file for divorce in the state where you are living. whether he is living in US or India he will be summoned depending on the address you give to teh attorney. Also if you are in India, why do you think the case would take years? what is the reason that your Husband is not ready to agree for divorce? You can also try to hire an attorney in India and summon him with papers. There are certain rules in India also that if a couple lives separated for 2 yrs then automatically the couple will be eligible for divorce irrespective of whether both parties agree or not..and if even one party is ready they would grant divorce after that time frame...(I heard from one of my friend recently that the time period has decreased....now a days they are considering even 1 yr of time apart to grant divorce..) If you are in US, you can file here iwth no issues If you are in India, consult a right divorce attorney........if you have made up your mind for separation
I agree with advise given already. If you are living in the USA, even if you do not have green card or citizenship, as long as you are here legally, divorce can be filed. If you have husband's address, divorce papers can be filed and the court will serve him the summons. If you don't know the address, you can still file for divorce but then the process is more drawn out (also more expensive) attorney first has to make an effort to locate him. Also, some states have what is known as no fault divorce, which means once any one party files for divorce, the court has no choice but to grant the divorce. The only issues will be a) child custody and support, if there are minor children and b) property settlement. Considering that your husband is unwilling these will be the two points of contention. I have heard about husbands who will fight the child support matter and don't like to pay for support of their own dear children (Guys, shame on you if you are one of those who do this, wake up!). If there are no minor children and you don't care about money issues and property settlement, it is easy, especially if you are in a no fault state. Ask a divorce attorney about this. Many of them will give at least one hour free counseling before taking up the case. Divorce is never easy. Think hard about what you are doing and if you really want to end the marriage, especially if you have minor children.
