Mutual consent divorce with wife in us

You could do it either or both ways. If you go for MCD then she might be asked to attend second motion before final decree is passed although there has been instances when court will exempt opposition attendance. If you go other way then if she doesn't attend court you could get exparty divorce but it's better to go for MCD rather then going for uncontested the reason i am saying is because in future she might come and try to harass you with other cases so it's better to go for MCD.

Both need to be present on second motion divorce wont be granted if both dont appear.

Thanks alot victim and Sanjeev. Sanjeev can u please tell me if i can file it in hyderabad. From one of my source i got to know that MCD can be filed only from city where the marriage took place or the city where the gal is living. As a husband i cant file it from my city. Is it true ???

And in case i take the other option, will court send the divorce notice to her US address ??

@ Adv. Sanjeev if his wife has enough reasons to prove that she can't attend second motion then court may exempt her appearance. Although i do agree with you that most of the time court won't pass second motion until opposition appears.

Her Visa is expiring in May so she can not travel to India untill her other visa gets approved which will take atleast 2013 end or Jan 2014.  Will the court accept this reason ? Also, if she has to give Power of attorney then who should it be ?

Also, if there is a Memorandum of Understanding on Unilateral filing from her side, will it not prevent me from future contests ? As she is giving her consent for Unilateral filing from my side. ?

Thanks for all your help and advise.

It is possible to file MCD in hyderabad if this is where both of you last resided.

check with family court registrar regarding how her consent can be obtained through her consent in front of US consulate. I guess it is possible.

I have following queries :

1) If she comes to Hyderabad and gives me a Memorandum of Understanding that she will not contest the Unilateral Divorce with help of my Lawyer., then can I go ahead file a unilater case in Hyderabad and send her notice to her US address. Will it be easy to get Ex-Parte divorce then ? I am assuming since we will have MOU then she cannot contest it in future.

2) Should I prefer divorce filing in US or in India ?

3) In case of Mutual Consent, who is elligible to take Power of Attorney and can both parties give Power of attorney due to reasons of non-travel. Since, her visa is expiring she can definetly not travel to India.

Thanks

There is no need to file for unilateral divorce or MOU.

If she is in india file petition for Mutual consent divorce (MCD),both will mention that they wants divorce mutually.

after six months,both parties need to file second motion,i.e. again same statement that they wants divorce.

she can come to india anytime from 6 to 18 months from date of filing of  first petition but not after 18 months.

if she cannot,check with Family court registrar if she can give consent in front of indian consulate in US.

One option is to file mutual consent divorce in US then use the US decree to get equivalent order in India ex-parte. 

She can send the documents to you, you sign and she files it in US court.  You can ask for spousal support :) 

You can get the divorce based on her PoA.