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Indian Couple, Confusing Immigration Status, Divorce

Discussion in 'Divorce, Separation, Annulment' started by SarahPosen152, Jul 20, 2021.

  1. SarahPosen152

    SarahPosen152 Law Topic Starter New Member

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    My parents have been married for a long time and it’s an incredibly toxic marriage. My father is verbally, financially, and physically abusive towards me and my mother and has been for years. My mom (a homemaker) is considering getting a divorce, but wants to know what the process in general is going to look like before she musters up the courage to do it. We are all Indian and my parents were married in India. We immigrated to Canada on my dad’s work visa and then gained citizenship there (we are currently Canadian citizens.) We then moved down to the United States (again, for my dad’s job) and have been living here for over a decade (in South Carolina.) My little sister was born twelve years ago and is a United States citizen. My mom, dad, and I all finally received our permanent resident cards in May. So we are Indian in origin, Canadian in citizenship, and have U.S. green cards. How does my mom apply to divorce him? Would a divorce done here be valid in India? What are her chances of getting custody of my sister if she’s a homemaker and he’s controlled the purse strings their whole marriage? I would appreciate any advice you guys could offer.
     
  2. Zigner

    Zigner Well-Known Member

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    You may wish to have your mom review the following page: SC Judicial Branch

    Beyond that, she should seek out her own help from a local attorney.

    As to the question about a US marriage being valid in India, that's something you'd need to ask someone versed in Indian law.
     
  3. army judge

    army judge Super Moderator

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    Your mother can divorce him like any other resident of South Carolina.

    She hires a divorce attorney, and directs the attorney to file a divorce action in the county where she lives.

    Where you were born, where you formerly lived, the nation whose citizenship she claims means nothing.

    Read this:

    Divorce | South Carolina Bar

    Her attorney will provide her with more details.

    The sooner she starts the divorce action, the sooner she can gain her freedom from the marital bully.

    You need not ask any more questions, just direct your mother to retain an attorney to pursue a divorce proceeding.
     
    leslie82 likes this.
  4. Zigner

    Zigner Well-Known Member

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    ...South Carolina ;)

    I posted a similar link for SC.
     
  5. zddoodah

    zddoodah Well-Known Member

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    By filing a complaint or petition for divorce.

    I haven't the slightest idea. You'd have to ask an Indian lawyer or a person knowledgeable about Indian marital/divorce law.

    Physical custody of minor children typically goes to the parent who has been the child's primary caregiver.

    You can google something like "divorce in South Carolina," but your mother should consult with a local family law attorney. Given the length of your marriage, your mother likely would be entitled to an award of permanent alimony, as well as child support for your sister (I'm assuming you're no longer a minor, but for you as well if that's not the case).
     
  6. justblue

    justblue Well-Known Member

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