Community › Forums › Legal Advice India › NRI seeking divorce – stay in US or move back to India
- This topic has 11 replies, 8 voices, and was last updated 1 year, 4 months ago by
Epicking8268.
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UUser_87c2f7ff
PARTICIPANT
February 12, 2025 at 1:18 amWe both are Indian citizens – married in India.Currently I am 31 M in the US (H1) and wife 27 F is in India. We are seeking a divorce due to compatibility issue, no kids. I hope its a mutual consent, but not sure. Hearing about recent cases, I am nervous. What should I do, stay in the US or move back to India? (I have a job offer in India and after weighing pros/cons, it comes down to the divorce process as the deciding factor)
1. If I continue to stay in the US (since with visa stamping etc., I cant travel much), can that be used against me? I have seen video proceedings as an option, not sure if its applicable in the court case would be filed.
2. Would the alimony be based on my US salary or my Indian salary (if I move back) ? What are the factors based on which alimony will be decided? (No house, only bank balance/stocks)
3. If I stay in the US, would my parents be put through legal hassle, pain, abuse? They have had enough emotional pain already. My assumption is that my (ex) in-laws are reasonable and wont file false case.
4. Would staying in the US delay the divorce process and/or higher alimony demand?Any advice? Only based on divorce proceedings, timeline, alimony does staying in the US is better or moving back to India ?
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SSaurabhwolf522
PARTICIPANT
February 12, 2025 at 1:29 amTake mutual divorce if both are OK. You can have virtual hearing by giving authority to your father in India but you need present with Indian embassy there in US. Settle matter with lumpsum amount at one time than alimony since there is no kid. -
EEpicking8268
PARTICIPANT
February 12, 2025 at 2:08 amOh man, divorce in Indian courts is hellish. Any way you can get it done in US? Or quick and amicably in India?If there is friction in India, then I suggest you NOT travel to India until itโs all done as false police reports are easy there to squeeze men in divorce proceedings especially when families are involved. Prevention and distance from divorce proceedings in India is the wisest option.
Again, find a way to get it done in US and not drag yourself in Indian courts especially knowing when families get involved and itโs worst kind of misery.
If you have been married less than handful years, just get it done in US. Thank me later for this advise because divorce is a big business in Indian courts against men!
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UUser_87c2f7ff
OP
February 12, 2025 at 2:12 amYou mean complete divorce formalities while staying in US ? We got married in India and she came to US on dependent visa. I am not sure if I can go to US legal system.-
EEpicking8268
PARTICIPANT
February 12, 2025 at 2:18 amYou 100% can if you both are here. Google a local divorce lawyer, say you want it amicably and be done within 4-6 weeks until judge signs it. Lawyer probably will charge $1-2k for paperwork. You then are both are free of each other and go wherever and do whatever.Try doing this in India. You have no idea whatโs in store. Refrain from listening to other sideโs cute talk to pull you into India and there you will be served a full cocktail of fake complaints and court cases. FIR, BAIL, Fake cases are easy as ordering from Zomato. Then you have to show screenshots of messages that you never threatened her or asked for dowry and other bullshit.
DO IT IN ๐บ๐ธ Donโt do it in ๐ฎ๐ณ
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UUtkarshseeker448
PARTICIPANT
February 12, 2025 at 3:13 amCheck local laws of divorce in your state and get it done there. After that you can plan to shift anywhere you want. -
SSmartanil5107
PARTICIPANT
February 12, 2025 at 3:58 amNAL. You can give power of attorney to a close relative. It will be a special power of attorney which is usually stamped/approved by the Indian consulate of the country you are living in. Check with your lawyer for exact details, but a simple power of attorney will not do. Once court accepts the PoA, virtual hearings can be conducted. In smaller towns, even a divorce by mutual consent can drag on for several months as judge may go on leave or lawyers may go on strike and such reasons. Sometimes judges have to manage their quota of judgements for specific months, and to make adjustment, they may extend dates for petty reasons, which can also cause delay. So take that into account. -
PPramodhawk102
PARTICIPANT
February 12, 2025 at 4:05 amTalk to her and go for a mutual divorce. Let her travel back to India alone. 6 months of separate living will automatically grant you a divorce. Don’t move to India until the divorce proceedings are over. It is a lot easier if it is handled mutually. Also, don’t trust anything said until it is sealed. Greed can make people turn.-
UUser_fd747872
PARTICIPANT
February 12, 2025 at 4:53 amWhat do you mean by โ6 months of separation will automatically grant you a divorceโ-
PPramodhawk102
PARTICIPANT
February 12, 2025 at 6:03 amOk, let me clarify. When both the parties mutually agreed and file for divorce they need to go through a counselling period. During this period if they stay at seperate houses or locations to be specific they will be granted divorce by the court. Courts generally don’t grant divorce easily ( I never understood why?).
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PPramodhawk102
PARTICIPANT
February 12, 2025 at 5:56 amCheck this, not validated. Lawyers are never on the same pagehttps://www.instagram.com/reel/DFpx710N0sG/?igsh=Mm1nZzNtcnh1eDRs
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SSonalninja770
PARTICIPANT
February 12, 2025 at 2:14 pmUr matter seems complicated. You should check on DigiLawyer. It gives free consultation as well
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