Married in India, want to apply for divorce in America

There are situations where Indian citizens get married in their mother land and move to United States for job. Unfortunately when things dont work out well between them, they opt for divorce on the grounds of mutual understanding. Such circumstances lead to various conflicts and doubtful situations and couples dont know how to find an appropriate solution. We will discuss one such instance here.


I am an Indian citizen who has been working in Florida since November 2010. I have L1B visa. I met a girl who was working and studying in New York since October 2010. She was on F1 student visa.

After a year we both travelled to India and got married there. We got married under the Hindu marriage act and registered our marriage in India. We moved back to United States of America after a month and since then we have been living separately (me in Florida and she in New York)

I did travel in India 6 months after my marriage due to illness and since then I am in India. Now we both want to apply for divorce on mutual agreement. We have no children and we have discussed various issues regarding property distribution and alimony. I am still in India and she is still in New York. I have few doubts in my mind, could you please me in the following regard.

Q. She is in United States and I am in India, can we both still file for divorce?

Solution: For people who get married abroad, certain residency and documentation proof is required to support the registration of the marriage in that country. All divorce lawyers in America will look for this documentation before taking your divorce case. Your spouse can file a divorce there and if you do not reply promptly, the court has the authority to pass an ex party order against you. If you have some property, the distribution of it wont be fair in this case. So, it is suggested that you do not go for divorce in this way.

Q How much does it cost to get divorce in Unites States?

Solution: The cost of getting divorce in United States depends upon the case type. If you have hired an experienced lawyer, then he will charge you a high amount for the same. His consultation fee will be high if he is experienced. If you want a cost effective way to get divorce, then get divorced in India on mutual consent.

Q. Is it fast to get divorce in United States?

Solution: If you want your divorce proceedings to be fast, then you can file a divorce in United States. They will check for the validation of your documents and similar other things before granting the divorce. If all documents are correct, then you will get divorce in less than 6 months. If you want divorce in India then you need to file your case before the court based on the grounds of mutual agreement. This will enable you to get divorce faster.

Q Can we do our divorce with taking help of any lawyer?

Solution: You can file a divorce and represent yourself in the court as well. But you must remember one thing that divorce is not an easy task. There are various things that the court will ask you for which you may not able to answer. So, it is advice to take help of divorce lawyers. You will get best divorce lawyers in India as well as in United States.

These were some of the common questions that couples have who are residents of India but want divorce in United States. If you want further information about the same it is suggested to take lawyers advice for the same.