Can You Divorce in the U.S.A. if You Married in India
My question involves the eligibility for a divorce and other details surrounding it in the state of Minnesota or Ohio:
Here are some details regarding the parties involved and the marriage by itself:
1) Our Marriage was conducted and registered in India and by Hindu Law.
2) Our Marriage is NOT registered in the US, But we have Jointly filed federal taxes and in the state of Ohio for the years of '09, '08 and '07.
3) Wife is currently working in Minnesota on a non-immigrant worker visa (since nov 29th 2010 (OPT / EAD) and I (the husband) am working in canada on a worker visa (since mar 15th 2011); Neither of us is a permanent resident or a citizen of the US. Both are citizens of India by birth.
4) We have been seperated (not legally) since May2010.
Here are my questions.
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1. Are we eligible for a divorce by US law in the United States (either in the state of OHIO or in the state of Minnesota.
1a. Would it be advisable to go for an uncontested divorce (because we are still in great terms, we would like the expenses to be a minimum (dont want this to be a financial strain on either of us), dont have ANY assets and both of us trust each other that we dont and we dont have kids (just a pet))
2. I would like to know the process for filing, fees involved (i understand that even for an uncontested case this varies lawyer to lawyer; I was just looking for a ball park),timeline (and just a ball park would do) and information regarding a quit claim deed.
3. With me (the husband) living outside the country and not being able to travel to the US until mid october 2011, I would also like information on if i can start the process before that.
Thanks again to anybody who can answer my questions and I really really appreciate the time you took to read my post and reply to it.
Warm Regards and all the best to anyone who are going through this (be it dirty or otherwise). You will be FINE..!!
- A
Re: Can You Divorce in the U.S.A. if You Married in India
If you meet the residency requirements of the state and county in which the divorce will be filed, you can file for divorce in that state and county. You can get a divorce that's valid in the U.S.; I expect that India would recognize a U.S. divorce, but you can explore the details (and whether there are registration requirements) with an Indian lawyer or legal resource. Generally speaking you can file based on either spouse's meeting the residency requirements. If you're outside of the U.S. you would need to make arrangements to travel to the U.S. for all court proceedings; if you retain a lawyer it may be possible for the lawyer to handle some proceedings in your absence.
You can usually find filing fees on court websites. If you want to know legal fees, try calling some law offices and asking for prices.
Re: Can You Divorce in the U.S.A. if You Married in India
Assuming you spoken truth.. get your parents to usa buddy, do not leave them for this unexpected attack. Parents already done you so big and now this. Try to get them in usa and give them peace...ask them to file a complaint in police if they are getting harassed and take help of media. Remember if you leave parents alone it will not be good for them mentally too.