Married in India, need info regarding divorce in USA

[desigirl25]

we got married 8 months back in India, after that I came on F1 to CA and he is on H1B - Georgia, that was a forced marriage as my mother emotionally blackmailed me and I explicitly told the guy to drop the marriage plans with me as I am not interested in the marriage and my mother is not listening to me. he ignored me and finally we got married. I was fighting with my mother for four years on same things, suddenly I became so weak and went into depression that I couldn't help myself that time.
I know that was my foolishness not to handle my problems, but I would like to get out of this relation, could you please let me know the procedure to get the divorce in USA, CA.
What is the procedure to get divorce in USA and do we need to get anything done from India in this regard? getting divorce from USA is enough get out of this?

[koshur]

An answer, and a question of my own

Hi Desigirl,
I am in the process of filing a divorce from my spouse myself and have done some research. In CA, divorce laws seem to be lax, compared to some other states I have lived in. Go to the following site for a step-by-step procedure.

http://www.courts.ca.gov/selfhelp-divorce.htm

Basically, in your case, if you have lived in CA for 6+ months, and in the county (district) of your present residence for 3+ months you can file an application for divorce based on irreconcilable differences. You have to send him a notice that you have filed for divorce and submit proof of delivery of notice to the court. If your husband does not contest it, you can be granted a divorce in 6 months. If he does, it may take longer. Go to the above site and everything is explained in detail, including forms and instructions for download.

Now, if the spouse is in the States, it is easy to get the notice delivered to him -- all methods are explained in the above site. In my case, I am planning to apply for a divorce from my wife of many many years, again because of irreconcilable differences. A month ago, she left for India for a routine visit, and then canceled her return ticket saying she does not want to return to me. When I file, it will be a challenge for me to send her a notice and get an acceptable proof of delivery that the court will accept. Maybe a lawyer can help me, but I was wondering if anyone here has a similar experience, or any knowledge on the subject.

[go_pal]

I am in the same situation as you koshur

Koshur,
My wife is in India and I am in USA. I would like to know the procedure to serve outside usa and get proof of summons delivered which US courts accept.
I found about Hague convention. If anyone knows about this please share info.
Desigirl,
If you both are in US its easy to get divorce here and much simple in CA(all divorce cases in CA are no fault divorce). In CA all you have to do is fill out about 5-6 forms found online, get court stamp on them and serve him with a copy. you will be granted divorce even if the respondent don't reply. Message me if you need more info.

[sameen]

help me about divorced

My husband lives in chicago, usa. I lives in another country like India. I never visited America. He came for married for one week. But it almost two years he never back to me. He is not in contact with me. He lives with his family in chicago. Neither he divorced me nor he contact me. What do I do against him for the sake of my right? he is us citizen . Please help me I am in depression.

[babionline]

Hi Koshur,
I filed for the divorce case but my spouse didn't respond, so I have filed for default of motion so once I go for hearing my divorce will be granted.. I have two questions
* if for some reason if I have to go out of US will my divorce be accepted in India or any other country.
* I have a kid, as my spouse has not responded but if he goes back and files for custody case what will be the scenario there... I have child custody here will that be accepted or should I fight in India too..
Please let me know if you have any idea on this..

Koshur,
My wife is in India and I am in USA. I would like to know the procedure to serve outside usa and get proof of summons delivered which US courts accept.
I found about Hague convention. If anyone knows about this please share info.
Desigirl,
If you both are in US its easy to get divorce here and much simple in CA(all divorce cases in CA are no fault divorce). In CA all you have to do is fill out about 5-6 forms found online, get court stamp on them and serve him with a copy. you will be granted divorce even if the respondent don't reply. Message me if you need more info.

[larrydriver]

Hi Desigirl,
I am in the process of filing a divorce from my spouse myself and have done some research. In CA, divorce laws seem to be lax, compared to some other states I have lived in. Go to the following site for a step-by-step procedure.

http://www.courts.ca.gov/selfhelp-divorce.htm

Basically, in your case, if you have lived in CA for 6+ months, and in the county (district) of your present residence for 3+ months you can file an application for divorce based on irreconcilable differences. You have to send him a notice that you have filed for divorce and submit proof of delivery of notice to the court. If your husband does not contest it, you can be granted a divorce in 6 months. If he does, it may take longer. Go to the above site and everything is explained in detail, including forms and instructions for download.

Now, if the spouse is in the States, it is easy to get the notice delivered to him -- all methods are explained in the above site. In my case, I am planning to apply for a divorce from my wife of many many years, again because of irreconcilable differences. A month ago, she left for India for a routine visit, and then canceled her return ticket saying she does not want to return to me. When I file, it will be a challenge for me to send her a notice and get an acceptable proof of delivery that the court will accept. Maybe a lawyer can help me, but I was wondering if anyone here has a similar experience, or any knowledge on the subject.

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