Divorce for indian working in USA

674 votes

Hello, your brother can get a divorce in the US without a green card, provided he meets local residency requirements. Since the wife is unwilling, a contested divorce can be filed. Upon turning 18, the daughter will be considered an adult and will be able to decide for herself who she wants to live with. To discuss the seriousness of the case and the complexities related to financial security in detail, you can book a paid consultation with me. We will work together to develop a future legal strategy. Sudesh Kumar ADVOCATE PG-MBA (LONDON, UK) LLB AND LLM DELHI HIGH COURT & Other Courts INTERNATIONAL COUNCIL OF JURISTS -Member

Advocate Sudesh Kumar LawRato

946 votes

you should have a poa to regulate marital affairs it would be possible through the relevant embassy daughter 18 years in Dec you should have a mediation before you go to the court for the process of divorce she is being narcissistic so you have to see what is

Advocate Spiti Sarkar LawRato

967 votes

yes you can but you can file the petition of child custody and divorce in India because they don't have a citizenship of US you have to come to India,the facts and grounds must be executed properly by studying matter properly and cross check the facts

Advocate Shaikh Mohammad Shariq LawRato

965 votes

Since both husband and wife are residing in the United States, they may file for divorce under the jurisdiction of the State where they are currently residing, irrespective of whether they hold a Green Card. Immigration status generally does not prevent a person from filing for divorce in the US. Regarding custody, if the elder daughter will attain the age of 18 in December 2026, she will legally be considered an adult thereafter and custody issues may not arise. Until then, custody and visitation will be decided by the competent family court based on the welfare of the child. It would be advisable to consult a family law attorney in the State where they currently reside to initiate appropriate proceedings.

Advocate Vinita Pandey LawRato

525 votes

Yes, it is possible to file for divorce in the US even if neither spouse has a Green Card. Divorce jurisdiction in the US is based on residency, not immigration status. If your brother has been residing in a particular state for the required minimum period (which varies from state to state, usually 6 months), he can file for divorce there. Since the wife is not consenting, he can proceed with a contested divorce on grounds such as mental cruelty, controlling behaviour, or irretrievable breakdown of marriage, depending on the laws of that state. Regarding custody, the elder daughter turning 18 in December 2026 is important. In most US states, once a child turns 18, she is legally an adult and custody orders do not apply. However, until then, the court will decide custody based on the best interest of the child. If the daughter is close to 18, her preference may also be considered by the court. If both parties are Indian citizens, your brother may also explore filing divorce in India under applicable personal laws, but practical issues like jurisdiction, service of notice, and enforceability need to be considered if both are residing in the US. He should gather proper evidence of behaviour, financial control, and any mental harassment. Consulting a local family law attorney in the US state where he resides will be important to understand specific procedures and rights. In such situations, even if the other spouse is unwilling, the law does provide remedies. The key is to proceed legally and strategically rather than waiting indefinitely.

Advocate Aprajita Shukla LawRato