LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

Menu

Daily Question & Answer

Question #174

My daughter got married to an person of Indian Origin who is a citizen of USA. He was residing in Bombay(India), and the marriage also took place in Bombay. He had verbally promised her that he would stay permanently in Bombay since he does not like USA. He even had an apartment in Bombay where the couple stayed for about three months. His parents are based in USA. However, three months after marriage he said that he wishes to settle down in USA with his parents. My daughter did not like the place in USA where they were staying. And since she was promised that she would always be residing in Bombay, she came back to India. Now this guy has applied for a divorce in USA and may get an ex-parte Divorce order too. Is this order valid in India ? (The marriage was solemnized in India). How will she know that the order has been passed and what if he marries someone in USA without informing my daughter about the ex parte order Kindly advise

If your son –in-law is living in New York for over two years, he may file for divorce in New York.
In order for your son- in- law to get a divorce from your daughter he will have to serve her with a summons and complaint.
There are no ex-parte divorces in New York. He will have to prove to the court that he made every effort to contact her and was unable to do so

Before the court will allow him to proceed with the divorce.

I cannot tell you whether India would recognize a New York divorce. You should consult in Indian attorney regarding that question.

Leonard M. Weiner, Esq. /Divorce Solutions

Other Questions