Can one divorce in US, if married in India

Were you married in India under Hindu Marriage Act? Both partners are citizens of India?

If your answer is YES, then US divorce is VOID. Its Indian law. You should apply in Indian court to be legally free.

 

Hi,

If you were married in India and want to get divorced here, you will need to be a resident of Florida for at least 6 months. You file for divorce in the county you reside in. Each state has different laws regarding how long you have to be a resident of the state to file for divorce, but I see you are in Florida like me, so that's why I'm quoting Florida law. The divorce you get here is VALID in U.S. and India, even if you married under Hindu marriage act and are citizens of India. I hope that answers your question.

 

will post my views later...so editing it

 

Yes, I do know people who were married in India and got divorced here in Florida. My husband and his ex were married in India under Hindu marriage act, registered also there, and divorced here. My DH at the time was on H1B visa, his ex was a citizen.

Hope that answers your question. As I'm in a different part of Florida I don't know any lawyers in Jacksonville. You might try asking friends or coworkers who have gone through divorce to refer you to someone. Unless you hire a lawyer to represent you, your spouse can hire a good lawyer and make your life very difficult as you go through divorce. bonk
it happened to my DH, she had the good lawyer, he didn't have anyone.... don't let that happen to you. A lawyer will be able to answer any questions you have about the process or legal requirments.

good luck.

 

I would suggest getting a lawyer opinion on this. The main reason being, your husband's EX was a citizen and thus divorcing here is VALID(for the registration that they did here - USA). Also, I am 100% sure that this divorce that happened here in USA had no say in India. Unless they nullified their marriage in India, it still valid.

 

Hi Nandshyam,

They didn't register their marriage here, they registered it in India and were married under the Hindu marriage act in 2003. They divorced here in 2005 and their divorce is 100% valid here in the U.S., 100% valid in India, and 100% valid in any other country anywhere.

Just as the U.S. recognizes foreign marriages (i.e. if you get married in India you are considered legally married if you come to the U.S.) divorces in the U.S. are valid in India. This information was given to me by both lawyers and immigration officials.

To further prove the point, my DH's ex was married even once before my DH came along, to another man. She married that guy in India and he divorced her in U.S. She then proceeded to go back to India and got married to my DH, and then came to the U.S. and divorced him while they were here. So as you can see, if her first divorce here in the U.S. was not legal in India, she would not have been able to go back to India and marry my DH.

 

Lady, that's wrong.

Each country has its own laws and regulations. Why do you think people do certain things in some countries and not in others? Just because of the law leniency in some countries.

Also, think it through. Can one kill someone in India and go to America and ask for trial there? This is the same cause. You married in Indian country's Act and if that needs to be nullified, only Indian Court can do that.

What you are saying is, American Court can nullify an Indian Registration. That's completely wrong.

Every country does. Only because of the Indian Marriage Registration that you show during Visa stamping or any interview in the consulate. It means Indian Govt has legalized that marriage.

I see lots of loopholes. But from the minimum information you provided here, I can see different scenarios.

DH EX is an USA citizen. Her Ex - Indian/American? Where they legally married in India? If she proceeded and got married to your DH, was her previous marriage nullified by Indian court?.

See, the point I am trying to make here is, Its supreme court of Law. An Indian marriage has to be nullified/Void only by Indian court.

Her previous marriage and your husband's previous marriage might have happened with lots of loopholes as far as I see.

Anyone can challenge these marriages with the help of section 13 of the Civil Procedure Code & the well laid down principle of the Supreme Court of India to get the foreign court decree of divorce/annulment declared as null & void further getting an order of the local court stating that in spite the foreign court decree dissolving the marriage still you are married as far the Indian law & the courts are concerned.

I am mostly thinking both the previous marriages were not registered under Hindu Marriage Act stating that the partners were not hindus and thus it might have come out clean.

For me, personally(and I am not a lawyer) both these marriages (your DH's previous and his EX previous marriage) seem to be fraudulent. My guess is to get Green card or easy entry to America. If USCIS starts looking into all these marriages, I guess it might be lead to lot of suspicions.

And above all we are comparing 2 scenarios here. Your DH married an American Citizen. The author of this thread is not so. Thus its like comparing oranges and apples.

My 2 cents.

 

Ok, I asked my husband what exactly she was at the time of divorce, permanent resident or citizen, i thought she was citizen, no she was some sort of permanent resident or visa holder at the time, now within the past few years she became citizen and STILL they were able to get divorce when he was h1b holder and she was non-citizen back in 2003.

Both are Hindu, her first marriage was under Hindu marriage act, and her second one was as well. I have talked with lawyers and immigration officials, I have no idea where you're getting your info from or why you are so intent on saying there is loopholes in this matter, it's really ridiculous. Do you think I'm just making this information up for fun? I'm not an indiot to marry somebody without first making sure it's legal. I think you are very presumptuous to say the marriages are fraudulent. Or I guess somehow we are all too smart and able to evade immigration investigators? I don't think so.

Maybe from a religious aspect you can claim Hindu marriage can not be undone, but from legal standpoint, it is no more sacred or unbreakable than secular marriage, christian marriage, jewish marriage, etc.

So tomorrow if you get married in U.S. you are only considered huband/wife in U.S.?? So if you go on vacation to India you are suddenly single? No.

But since you seem intent on claiming my advice has a bunch of different scenarios and loopholes, it'd be best for the lady in question to contact a lawyer (AS I DID) to help her sort out her problems.