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?
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
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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