Risks of filing divorce in usa


My wife moved to India one year ago to her parents home and since then she is not in contact with me. Recently she filed DV complaint on my parents in India whom she only visited for a week during her vacation to India, and also on me. I recieved an email from protection officer to attend before them for enquiry.

I am planning to file divorce in USA knowing that its only valid in USA but not in India. I want to build my life fresh in USA, atleast she cannot touch my assets acquired in USA after US divorce. She was on dependent visa and we didn't have any fight or case or complaint with US police or court before she went back to India.

I know she may get angry on seeing my US divorce notice and file 498a etc.. which I am ready to fight case by case basis using competent lawyer in India.

Is there any other risks I may need to be aware of?

 
Reply   
 

Dear Querist, there are also provisions of deport on criminal proceedings . Feel free to call for more details.

 
Reply   
 


Manager

Originally posted by : Krish
My wife moved to India one year ago to her parents home and since then she is not in contact with me. Recently she filed DV complaint on my parents in India whom she only visited for a week during her vacation to India, and also on me. I recieved an email from protection officer to attend before them for enquiry.

I am planning to file divorce in USA knowing that its only valid in USA but not in India. I want to build my life fresh in USA, atleast she cannot touch my assets acquired in USA after US divorce. She was on dependent visa and we didn't have any fight or case or complaint with US police or court before she went back to India.

I know she may get angry on seeing my US divorce notice and file 498a etc.. which I am ready to fight case by case basis using competent lawyer in India.

Is there any other risks I may need to be aware of?

It is always recommended to get a Mutual Consent Divorce by throwing alimony or one time amount or Contest the Divorce.

Again it is upto each individual to follow Moral and Ethical Values.

The questions here are Say you get Exparte divorce in USA? (Exparte is not valid in India) And you want to get married in USA again?

So you will say to the prospective girl about your wife..that she is not good, she filed so and so in India.

Then how should she believe you?? and why should she believe your story?

See 498a is a Criminal case and it is not a civil case. You may not be able to go India. 

Even if you may go. You may get arrested. Sometimes Things will take its own time.

What goes around Comes back.

 
Reply   
 

Hallo Friend

 

I am agree with super hero. Every case is dpend on the situation, party, nature of the case and how to manage the case.. Do you thing, you do want to step in the indian soil in future  and as a tourist, then matter is simple, get divorce in the usa and get on with your life. if  the situation otherway round, then there is no light in end of the tunnel. 

.You are not alone in the boat and lot of people in the rocking boat such as 498A, DV..

.My one cents advice on experiences are as follows.Straight to the point,  i do not want to pull any strings here and not discourage you.  Make things simple, Talk to otherside and go for compromise. Throw the money how much they want it and get on with your life. You can make money in the usa and peaceful life.. otherwise it is like a cliffhanger. they will file any number of cases and the  case contents are not imaginable. such as unnatural x, you did not take her for dog walk, you did not allow for take her boy friend to home at late night.. goes on and on.. 

 I hope you experienced the court and process in india on your DV case now.. 'Exparte' Decree is not valid in India..( I have a contested decree from outside india,  that decree not accepted by the indian  judge, this is indian law.). Do not underestimate any matrimonial cases especially in India and it will make lot of sleepless nights.Think other way, She contested the divorce case in the USA, she can get whatever she want it with the help of good (bad) attorney..

Do not think, she can not touch any assets in the USA.. She can get everything from you and even you have to spend her attorney fee.. 1000s and 100000s...If she find good attorney in the USA... She can make you penniless. think twice.. money can make.. sleepless night and stress can not compromise  it.. 

 

 

 
Reply   
 

hi friend as you tell your wife come back to indai without any good reason and now she want to file case divourse against you so why you affraid you have valid reason you hire legal attorny in india and he take care of you case file him case wait you send a letter of divourse from usa and enjoy your life 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu