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Divorce

Discussion in 'Divorce, Separation, Annulment' started by Saraswathi, Oct 22, 2016.

  1. Saraswathi

    Saraswathi Law Topic Starter Guest

    Jurisdiction:
    New Jersey
    Hi

    Hey
    A friend of mine lives in New Jersey. She and her husband is from India. When She came down to India for vacation ,her husband filed for divorce without even informing her. Wil he get a divorce when she is in india? How is it possible and how should she go about it?they both got married in India and he is not a US citizen.
     
    Last edited by a moderator: Oct 22, 2016
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If your friend went to India where the marriage ceremony was performed, recognized and filed then I fail to see why filing for divorce there is an issue and what U.S. law has to do with this matter.
     
  3. saraswathi

    saraswathi New Member

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    He filed a divorce in the US not in India
    She had come to India for a vacation and her husband filed a divorce in Bergen county New Jersey under US law.

    fil
     
  4. saraswathi

    saraswathi New Member

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  5. army judge

    army judge Super Moderator

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    If someone wants to divorce you in the USA, you have little recourse.
    If someone wants to divorce you, why bother trying to stay with such a person?
    Help isn't needed.
    Just get the divorce and be FREE from the clutches of a philandering oath breaker!
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    From what I know, if both husband and wife are living in the U.S. and the issue is whether one party can get divorced in the U.S. for a marriage that was created in India then the answer is yes. As long as the marriage was valid and recognized in India, courts in the U.S. should recognize the foreign marriage as valid. While I don't think it is very nice to file for divorce while he knows his wife is on vacation, it should not prove a deterrent to filing for divorce.
     
  7. saraswathi

    saraswathi New Member

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    Thanks for the response. But what's the procedure? He is sent a registered post with the divorce documents. What if she doesn't respond to the notice? What is the US law if she doesn't respond to the notice.
     
  8. Highwayman

    Highwayman Well-Known Member

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    It's not US law, it varies by state.

    Your friend needs to consult with a divorce/family law attorney.

    If she receives court documents and does not respond to them then her husband may receive a default judgment regarding any settlement. However, she would need to be properly served.

    She needs an attorney to help protect her rights.
     
    Michael Wechsler likes this.
  9. saraswathi

    saraswathi New Member

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    Tnanks
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    This is true and I should have clarified about state requirements, such as in New Jersey there is a one year residency requirement, etc. But in theory if everything aligns, it would be possible to file for divorce in New Jersey even though the marriage ceremony took place out of state. That is the only question I was answering. Since both husband and wife live in the same state (and I'll assume are domiciled there as well), it should be theoretically possible. And with all that said, I agree with @Highwayman that your friend should consult a divorce attorney to discuss the details and to protect her rights. This is a complex issue and she will probably want to make sure that she has all of her leverage (which can include proper service, etc.)
     
  11. saraswathi

    saraswathi New Member

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    thanks. She and all of us are clueless about the situation. Her husband is not ready to come down to India. Her visa is over and she can't go back to the states . He is not ready to face anyone and planning to get divorce in the US.anyways thanks for the response

     
  12. Highwayman

    Highwayman Well-Known Member

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    Every situation is different but these issues can be very complicated, especially when there are substantial assets involved. Your friend absolutely needs an attorney to protect her - even if she has no plans to ever come back to the US.
     
  13. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Now I don't know what the facts are and it seemed that both were living in New Jersey. What I'm guessing happened is that she visited the US and that he has resided in New Jersey for a year or more. And while the wife is in New Jersey, he serves her personally with divorce papers and then she returns to India. I don't want to provide any specific answer since questions of jurisdiction can be complex. The marriage was in India. She lives in India. I have no idea what contact she has or has had with the state of New Jersey. And considering that we (and you) don't seem to know the exact facts, I'd say that your friend's best course of action is to have a proper legal consultation with a New Jersey licensed divorce attorney. Phone or video consultations should suffice. In this manner all the material facts can be obtained so that confusion and inaccurate advice can be avoided.
     
  14. army judge

    army judge Super Moderator

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    If your friend's husband doesn't return to India, or his spouse doesn't return to New Jersey, what do you think will be the outcome?

    Your friend's spouse can't be forced to return to India by the Indian courts.

    Your friend can't be compelled to return to the US by the US courts.

    The spouse of your friend might not get a divorce, neither will his spouse (your mate) receive any court ordered support.

    The picture I paint, OP, is one we call (in the USA) a stalemate, or a standoff.
     
  15. saraswathi

    saraswathi New Member

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    Thanks or the response. My friend and her spouse got married in India. She went to the US ( New Jersey)after her marriage. He is on work permit visa and she is on dependent visa. My friend came down for a vacation plus her mom had a surgery , so to take care of her mom she came on March 2016. He dint come down because of his official project.Everything was fine till July . He created a big scene for some small issue And filed for a divorce in New Jersey .the idea was both will go back together when he comes down for visa extension in India. But now he s not ready to come down to India and her visa is expired. And he is not ready to take her back. He ended the relationship over a phone cal. Both of them are not citizens of theUS. But her husband had applied for green card last year. Don't no if that got approved. According to Indian law he has to come diwn to India for a divorce because they got married in India. She is in a shock and depressed that he ended the relationship over a cal.
     
  16. saraswathi

    saraswathi New Member

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    Can someone refer an attorney ? Pls help
     
  17. Highwayman

    Highwayman Well-Known Member

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    No, we don't refer attorneys. Do you live in New Jersey?

    Do what everyone else does - use Google, read reviews, or call your local Bar Association in NJ for referrals.
     
  18. saraswathi

    saraswathi New Member

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    Thanks
     
  19. army judge

    army judge Super Moderator

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    If she's in India, she should start a divorce action there.
    If she's not in India, she should contact the nearest Indian consulate or Embassy for guidance.
     
  20. saraswathi

    saraswathi New Member

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