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  1. #1
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    Jan 2013
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    Default Marriage, then Divorce with Ulterior Motive

    My question involves a marriage in the state of: Idaho, ID
    An Indian US resident, married to Indian Girl, marriage performed in India and registered. Boys parent demand and collected handsome dowry. Then he left the girl with his parent in South Africa, on their mercy. Girl was ill treated. Boy filed divorce in US without the knowledge of girl. He got the divorce Ex-parte giving false affidavit to court. Girl feels cheated by this NRI guy. He left the previous job, sold the house to avoid being tracked by the girl. She wants to sue the guy in US for his ulterior motive. What all the options are available to her to get the justice?

  2. #2
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    Apr 2009
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    Default Re: Marriage, then Divorce with Ulterior Motive

    She can try to come to the US to sue him.

    However I'm seeing absolutely no case under US law. If she wishes to pursue something following the laws in India and/or SA, she'll need to follow their laws.

  3. #3
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    Jan 2013
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    Default Re: Marriage, then Divorce with Ulterior Motive

    Quote Quoting Dogmatique
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    She can try to come to the US to sue him.

    However I'm seeing absolutely no case under US law. If she wishes to pursue something following the laws in India and/or SA, she'll need to follow their laws.
    Thanks for your advise and appreciated. As this guy gave false affidavit to get Ex-parte Divorce, Is it justified and divorce is legal. In India and/or SA, it will take ages to get the justice. Even if she won in India, no help to her.

  4. #4
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    Default Re: Marriage, then Divorce with Ulterior Motive

    How do you know the affidavit was false?

    - - - Updated - - -

    What does she hope to gain?

  5. #5
    Join Date
    Oct 2006
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    16,474

    Default Re: Marriage, then Divorce with Ulterior Motive

    Quote Quoting Dogmatique
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    How do you know the affidavit was false?

    - - - Updated - - -

    What does she hope to gain?
    If it was a divorce by publication and/or a default divorce given because he provided false information of service the divorce can be re-opened if it can be proven that he knew exactly where his wife was. Apparently he did since she was living with his parents.

    Her dowry would have been a marital asset and its possible that she could get some of it back if the divorce was re-opened...assuming that the assets in question are in the US. However, she is really going to need an attorney to do so, and depending on the cost of the attorney, and the location of the assets, that may not be economically viable.

  6. #6
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    Sep 2005
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    Default Re: Marriage, then Divorce with Ulterior Motive

    Quote Quoting llworking
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    If it was a divorce by publication and/or a default divorce given because he provided false information of service the divorce can be re-opened if it can be proven that he knew exactly where his wife was. Apparently he did since she was living with his parents.
    If the husband met the residency requirements for divorce in the jurisdiction where the divorce was granted, it would be possible for him to get a divorce there without his wife's setting foot in the U.S., although she would have potential defenses to the use of the judgment for anything but the divorce itself (e.g., division of marital assets, setting of spousal support) and may have additional defenses under the laws of the nation in which she is situated. She would want to discuss her rights with a family lawyer in South Africa and/or India, depending upon what legal issues are involved and where she intends to reside. She may also have defenses in the U.S. to improperly obtained portions of the divorce judgment, or based upon non-service if she was not served.

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