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Can an Indian couple file for divorce in the USA


20-Jan-2025 (In Divorce Law)
-Can a husband force his wife to live separately with their children in a foreign country? -If the wife is unwilling or feels insecure about living separately with their children in a foreign country, can the husband file for divorce there without her consent? -What legal options are available for the wife in this situation? -If the wife is not employed, who is likely to get custody of the children after divorce, especially if the wife loses her visa to stay in the foreign country?
Answers (5)

Answer #1
751 votes
If the parties are married as per Hindu Marriage Act in India then divorce is to be filed here. If the same is granted by any foreign country then the same needs to be filed in India as well. You can seek your legal remedies by the local governing laws. Also child custody is dependent upon various factors apart from financial condition of the parties, such as welfare of the child, age of the child and many more. Feel free to contact for any further information Thanks
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Answer #2
702 votes
you can file a dv case and guardship petition after coming back to India. Every country follows their own law. If you return back to India Then you will have options to claim your rights. for Details I have to know more details. it's better connect over call or message. thanks
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Answer #3
962 votes
Yes and No. Depends on the residency status of the couple and the law in that particular state where divorce etc would be filed by the husband. You can consult further to discuss legal options available in a more practical way as further details are required.
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Answer #4
641 votes
You can file a divorce case in the US if the residency requirement is made (requirements might differ from state to state). Legal remedies for wife will depend on the circumstance like was there any domestic violence, etc,. For custody things will depend on - how old are the children, are the children willing to live with you, is she capable to earn, etc.
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Answer #5
712 votes
No spouse can force other spouse to live Separately without her consent ! Wife can live anywhere she wants ! On the other hand you can’t stop your husband filing divorce case from any where if the law of the land permits him to do so Kindly b in touch to understand the legalities
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