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  1. #1
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    Default Where to File for Divorce if Your Spouse Lives in Another Country

    I got married in India in 2010. And I have been living in US for about 10 years now. I am planning to apply for a divorce in US (I eventually broke into acute clinical depression due to mental torture and I am on medication currently). I work remotely so I can move in to any state. My wife has been living in India for more than 2 years now. She can't enter US as she doesnot have visa as of now.
    Can someone please guide me what would be the best state to apply for the divorce from financial point of view (As i can relocate to any state or any place ). Also I want to settle everything in one settlement (to avoid dealing with her regularly which would definitely going to worsen my health ) (Btw I tried to reason with my wife with offering a lot of financial compensation in exchange for a mutual divorce but she want all of my properties + alimony, basically she wants to punish me and wants me to pay the most even if it means bitter divorce battle). Divorce in India can take upto 10 years.
    She has no money of her own, she never worked while she was in US, she has been living in India since 2014 and working there. I have some properties in India and she is living in one of them. I used to send her monthly expenses which I stopped recently.

  2. #2
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    Default Re: In What State Should You File Your Divorce Case

    If you have marital assets in the U.S., you should file in the state in which they are located so that the court has jurisdiciton over those assets. A U.S. court will have jurisdiction to grant you a divorce, and to grant division of assets that fall under its jurisdiction but, absent your wife's consent, that's all.

  3. #3
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    Default Re: In What State Should You File Your Divorce Case

    Thank you Knowitall
    I don't have any assets in US at all. Just have some deposit in BOFA. So wanted to know which state would be most beneficial from alimony point of view. All my properties are abroad. Which state you think would be best in my case for the divorce? I spoke to a couple of divorce lawyers (I live in IL as of now). They say US court will still decide on the division of properties in India (I bought 2 properties in India after I got married. And my wife never contributed even a penny for either of them or any marital daily expenses)

  4. #4
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    Default Re: In What State Should You File Your Divorce Case

    In most states you must reside in the state for six months to get jurisdiction there. While the courts can rule on a property settlement for assets located elsewhere, they can't compell them to be actually trasnfser them. You'll need an attorney in India to advise you of the best strategy there.

  5. #5
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    Default Re: In What State Should You File Your Divorce Case

    Quote Quoting flyingron
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    While the courts can rule on a property settlement for assets located elsewhere, they can't compell them to be actually trasnfser them.
    That's only true if the court has jurisdiction over the parties and the assets, which will not be the case here.

  6. #6
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    Mar 2017
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    Default Re: In What State Should You File Your Divorce Case

    Yes flyingron, I am willing to relocate to any state and become a resident
    Can you please tell me how to know if a court here has jurisdiction over my overseas properties? If they dont' have jurisdiction I can sell them all and then apply for divorce here. From what I heard from my lawyers here, I still have to part with half of my overseas properties if I move to court in IL or TX at least.
    About state, if I move to FL, i heard I might end up with paying permanent alimony. In TX for example, no alimony but a major hit on property division.
    I don't have kids btw.

  7. #7
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    Default Re: In What State Should You File Your Divorce Case

    As you have already been told, unless your spouse consents, you cannot divide your marital estate or foreign assets in a state that does not have jurisdiction over those assets.

    Without your wife's consent, all you can get in a cherry-picked state is a judgment of divorce. Such a court will not have jurisdiction over the marital assets, spousal support or, if relevant, child custody and child support; it can only decide those issues with your wife's consent.

  8. #8
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    Default Re: In What State Should You File Your Divorce Case

    Can you please elaborate what happens if court grants divorce without her consent? I meant to ask if I sell my properties abroad before/after, would court here intervene to divide the proceedings? I know for sure that she will fight the divorce case very nastily through her lawyer here (fees for whom I will be forced to pay ). So wouldn't it be considered with her consent?

    If I fight this in India, she won't get anything from my properties. But she may claim alimony though. But I may not survive the time/ordeal it takes to get a judgement there. And meanwhile I will have to hold off becoming US citizen.

    note : We don't have kids

  9. #9
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    Default Re: In What State Should You File Your Divorce Case

    If you file for divorce and return satisfactory proof of service upon her in India, the court may issue an order granting you a divorce -- such a judgment will allow you to remarry. For other matters, you will need to litigate in courts that have jurisdiction over your ex and the assets you wish to divide.

  10. #10
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    Default Re: In What State Should You File Your Divorce Case

    Sorry, can you please answer the following
    1. If I apply for divorce here, I will have to serve her a notice in India and she will be all over it and there will be long court battle here that I am 100% sure about. You mentioned "the court may issue an order granting you a divorce". Which scenario you are referring to? With a court case involving her attorney or without her being present?
    Also, I meant to ask if there is anyway I can get a quick divorce without having to go through a long court battle (at least my new income will not become marital property after that). And the existing assets we can resolve later.

    2. I am never going to marry again, ever (sorry if that sounds offensive). My only goal now is about my hard earned money (most of which I worked 16+ hours a day including most weekends). It is very hard and werid feeling to let it go. On top of that my married life ruined my health. If I have to give her my property on her accord, I have decieded to donate all to some charity before that. And I will start over.

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