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N Omprakash   21 May 2016

Divorce case in california courts

Dear learned legal professionals, I am a new entrant to the legal profession. Honestly, seek your opinion. In a divorce case, Superior Court of California, USA issued Summons(Family Law). Petitioner (husband) in California and Respondent (wife) in Jaipur, Rajasthan,India. (1) For the summons issued, status is not known, whether delivered or not.(2) In the first step, Publication (allowed by Court) has taken place in Jaipur local edition of reputed/well known newspaper. Parents of Petitioner in Hyderabad have taken care. (3) Next step, emailing and posting copy of summons within India is requested by parents of petitioner in Hyderabad. Who is the appropriate person to take up this process - any individual or an Advocate at Hyderabad, and submission of proof to California courts. Thanks. (Omprakash)


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 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     21 May 2016

 

There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. .

 

 

 

 

 

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 May 2016

Where did the marriage take place?

N Omprakash   21 May 2016

Thank you very much, sir, Shri Sainath. Marriage taken place in India.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

Even other wise the petitioner can get an uncontested divorce if the respondent has not responded to the summons issued(in any form).

N Omprakash   22 May 2016

Sir, thanks, my query is further to first summons issued. Next step, as court ordered, publication in local edition of respondent's address in India (done)and , whether sending copy of summons within India, by any individual or an advocate in Hyderabad is ok or not, since the respondent-wife is in India, or necessar to be done from California only (petitioner-husband in California). Proof of service is required to be submitted to court in prescribed format.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

Either the petitioner himself or an advocate on behalf of the petitioner can get it published in India.It should be done so at the place where the respondent is residing or elase in all the editions of any small paper is enough.The paper publication need not be done so only in reputed papers.

N Omprakash   22 May 2016

Thanks, sir for prompt response. Apart from publication (already done by petitioner parents here), sending an email and mail (post) is required by the court (FL-982) copy of summons (FL-110) to respondent in India.point is whether it is any individual of 18 yrs and above as required by court can be sent. Question is whether within  india, from hyderabad (parents are here) whether it is acceptable to send copy of summons can be sent to respondent in Rajasthan, or an advocate involvement required and send proof of service in form (FL-335) declaration, from Hyderabad.

MANISH KUMAR GUPTA   22 May 2016

Same case happened with my Brother in the USA.Ultimately he had succeed in Divorce proceeding in the USA. So if you want any additional information regarding the issue please call me @ 882661161o after 5 P.M.


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