I am an Indian and my son lives in New York City for last eight months. He was married to Indian girl in India 3 years back. The marriage was registered as per Indian Marriage Act. Both of them went to US eight months back on H1B Visa and staying seperately there for last eight months. They appear not in a mood to continue relationship and want divorce. Now can they get divorce in New York (US) itself OR they have to come down to India? What are the procedures? What about Distribution of property in India?
Once they have lived in New York State for 1 year, they can meet the NY residency requirement for NY to have jurisdiction and can file in NY. Any property located in India that belongs to the parties can be
divided in the NY divorce decree as well, but if one of the parties objects to the division, such party can appeal to the Indian Courts
to refuse to enforce the NY divorce decree regarding the Indian property and it will be up to the Indian court to decide if it wishes to recognize the NY court’s decision.
IF they are living in the New York City metro area, I strongly suggest they call me at 212-370-1660 to
discuss mediating their divorce. It will save time ,money and much aggravation.
I, as a lawyer, will take care of all of the legal work. They will
be able to avoid court appearances and wasted hours sitting around the courtroom corridors
waiting for their ten minutes before the judge.
It is by far the most civilized way to deal with divorce.
Leonard M. Weiner, Esq./Divorce Solutions