NRI seeking divorce – stay in US or move back to India

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    • #55835 Reply
      User_87c2f7ff
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        User_87c2f7ff
        PARTICIPANT
        February 12, 2025 at 1:18 am
        We 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 ?

      • #55842 Reply
        Saurabhwolf522
        Participant
          S
          Saurabhwolf522
          PARTICIPANT
          February 12, 2025 at 1:29 am
          Take 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.

        • #55841 Reply
          Epicking8268
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            Epicking8268
            PARTICIPANT
            February 12, 2025 at 2:08 am
            Oh 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 itโ€™s 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 itโ€™s 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!

            • #55844 Reply
              User_87c2f7ff
              Participant
                U
                User_87c2f7ff
                OP
                February 12, 2025 at 2:12 am
                You 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.

                • #55846 Reply
                  Epicking8268
                  Participant
                    E
                    Epicking8268
                    PARTICIPANT
                    February 12, 2025 at 2:18 am
                    You 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 whatโ€™s in store. Refrain from listening to other sideโ€™s 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 ๐Ÿ‡บ๐Ÿ‡ธ Donโ€™t do it in ๐Ÿ‡ฎ๐Ÿ‡ณ

              • #55840 Reply
                Utkarshseeker448
                Participant
                  U
                  Utkarshseeker448
                  PARTICIPANT
                  February 12, 2025 at 3:13 am
                  Check local laws of divorce in your state and get it done there. After that you can plan to shift anywhere you want.

                • #55839 Reply
                  Smartanil5107
                  Participant
                    S
                    Smartanil5107
                    PARTICIPANT
                    February 12, 2025 at 3:58 am
                    NAL. 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.

                  • #55838 Reply
                    Pramodhawk102
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                      P
                      Pramodhawk102
                      PARTICIPANT
                      February 12, 2025 at 4:05 am
                      Talk 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.

                      • #55843 Reply
                        User_fd747872
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                          U
                          User_fd747872
                          PARTICIPANT
                          February 12, 2025 at 4:53 am
                          What do you mean by โ€œ6 months of separation will automatically grant you a divorceโ€

                          • #55845 Reply
                            Pramodhawk102
                            Participant
                              P
                              Pramodhawk102
                              PARTICIPANT
                              February 12, 2025 at 6:03 am
                              Ok, 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?).

                        • #55837 Reply
                          Pramodhawk102
                          Participant
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                            Pramodhawk102
                            PARTICIPANT
                            February 12, 2025 at 5:56 am
                            Check this, not validated. Lawyers are never on the same page

                            https://www.instagram.com/reel/DFpx710N0sG/?igsh=Mm1nZzNtcnh1eDRs

                          • #55836 Reply
                            Sonalninja770
                            Participant
                              S
                              Sonalninja770
                              PARTICIPANT
                              February 12, 2025 at 2:14 pm
                              Ur matter seems complicated. You should check on DigiLawyer. It gives free consultation as well

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