Should You File for Divorce Inside or Outside the U.S.

[JYOTDIV88]

Hello All,

I have suffered enough in my 4+ years of marriage. Our marriage was a hindu marriage, registered in India. My husband is US Citizen (though he has dual citizenship of india) & I came to US 3 years back on marriage visa. He is a totally bad character guy with tons of pyschological issues, which I wasn't knowing before. He is ready to give me divorce with no issues, as he realizes it was his big fault. Right now I am totally shattered & going back to my parents in India. To get divorce ASAP (with least time) now, which option is better -

1. Should he file divorce in US in my absence & complete it in US only ?. Which type of divorce he should file like "Summary Dissolution" & will it need attorney ?. Or can I file it, then leave the country & complete process while being outside US (as I would also like to change back to my old name

2. Or should I file in India (but then he isn't ready to come to india) ?. Which type of divorce should I file & will it need attorney ?

3. Does his "Dual Citizenship" matter here ? (I think he will still be treated US Citizen)

I have read that in India presence of both is required and minimum period is still 6 months. Also I think we can only apply in california, as we have only lived in CA (if we decide to file in US). Or can I file in some other state. Can I get it completed in less than 6 months

I would be really thankful
Jyoti

[Mr. Knowitall]

Your goal here is what - to divorce and move back to India? If so, get divorced where it is most convenient for you.

You can read about divorce in California here. You can discuss the laws of India on an Indian legal forum or with a lawyer in India.