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  1. #1
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    Sep 2016
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    Default Divorce from a Foreign National

    A couple from India lives in New Jersey. The husband is H1b and the wife is present on a H4 visa. The wife went to India for a vacation and while she was there the husband filed for divorce in the U.S. courts. Can a U.S. divorce case proceed, and what is its effect in India.

  2. #2
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    Sep 2005
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    Default Re: Divorce from a Foreign National

    The U.S. divorce case can proceed in relation to the fact of the marriage and in relation to marital assets located in New Jersey. The wife can consult a lawyer in India to determine the extent to which India will recognize the New Jersey judgment. I expect that she'll learn that India will recognize a U.S. divorce but that, if the wife objects, will not recognize certain aspects of a ruling that affect the wife's rights in a manner considered to be against public policy under Indian law -- but that's a discussion she really needs to have with a lawyer in India. If she voluntarily participates in the U.S. divorce proceeding without raising any objections to the court's jurisdiction, she should anticipate being bound by the ultimate judgment of the U.S. court even if it addresses the division of property located in India.

    The wife should seek representation in New Jersey in order to be fully advised of her rights, and to protect her interests in the New Jersey divorce case.

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