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Married in India but in living in USA. where should divorce be filed and property div

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  • Married in India but in living in USA. where should divorce be filed and property div

    I was married for about 5 years now but marriage was at India in a church as per christian ceremony and also later registered it officially, I am a permanent resident and my wife is a US citizen but she and her family are of Indian Origin,
    after the 1st year of our marriage :
    1) I had purchased some agricultural property in that country as investment with money from my parents and also from my earnings. I registered the property under my name and also added my wifes name to the property.

    2)After i came to the USA in 2005 , we moved out of her parents home and purchased a home close by her parents home, these property is in both of our names, she put a down payment, but i had been paying the mortgage from Jan 2006 till April 2009 after that she is paying till date, i cannot afford it now as i am out of work since 2 years.

    3)we also bought a car in 2006 that is registered in both of our names.

    4) we are also blessed with a son who is 1 year old.

    in my name of the property that i purchased and she is not agreeing to it.

    Also i haven't filed for divorce nor did she, but she told me recently she will file next week.She has a decent job.

    What should i do , right now i am unemployed for about 2 years also I had to go back and forth couple of times to take care of my mom who was very ill and bed ridden and was in and out of hospital several times and she finally went to the Lord almighty last year, i came back to USA after the funeral. and actively seeking job, i cannot afford the mortgage, and the property here needs to be sold.

    at this situation how would our property be divided during divorce.Will it be divided equally the house and car here, and what about the property purchased India with my parents and my money.

    Do i have to pay child support(if yes how long) or alimony(if yes how long) etc. but i am still unemployed.

    what will happen if i cannot or do not pay child support

    Should a divorce be filed in India as we married and registered there , or here in USA.

    I am new to this please help me with valuable suggestions.

    Thank you.

  • #2
    You're a lost ****

    You're a lost ****

    Comment


    • #3
      Originally posted by Victor2009 View Post
      I was married for about 5 years now but marriage was at India in a church as per christian ceremony and also later registered it officially, I am a permanent resident and my wife is a US citizen but she and her family are of Indian Origin,
      after the 1st year of our marriage :
      1) I had purchased some agricultural property in that country as investment with money from my parents and also from my earnings. I registered the property under my name and also added my wifes name to the property.

      2)After i came to the USA in 2005 , we moved out of her parents home and purchased a home close by her parents home, these property is in both of our names, she put a down payment, but i had been paying the mortgage from Jan 2006 till April 2009 after that she is paying till date, i cannot afford it now as i am out of work since 2 years.

      3)we also bought a car in 2006 that is registered in both of our names.

      4) we are also blessed with a son who is 1 year old.

      in my name of the property that i purchased and she is not agreeing to it.

      Also i haven't filed for divorce nor did she, but she told me recently she will file next week.She has a decent job.

      What should i do , right now i am unemployed for about 2 years also I had to go back and forth couple of times to take care of my mom who was very ill and bed ridden and was in and out of hospital several times and she finally went to the Lord almighty last year, i came back to USA after the funeral. and actively seeking job, i cannot afford the mortgage, and the property here needs to be sold.

      at this situation how would our property be divided during divorce.Will it be divided equally the house and car here, and what about the property purchased India with my parents and my money.

      Do i have to pay child support(if yes how long) or alimony(if yes how long) etc. but i am still unemployed.

      what will happen if i cannot or do not pay child support

      Should a divorce be filed in India as we married and registered there , or here in USA.

      I am new to this please help me with valuable suggestions.

      Thank you.
      Your questions pertain to divorce. I would suggest a divorce attorney as divorces in US are very sticky and complicated.

      Comment


      • #4
        What state are you located in?

        Many states in the U.S. are community property state (mostly the western half) and everything acquired after marriage is 50-50.

        In any case, this question is not about the U.S. immigration but family law.
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