New Jersey has the highest number of Indian among the Asian population and the numbers are constantly growing. The growing number of Indian families has led to growing number of family disputes as well. For a peaceful and promising future keeping your family happy is crucial. At The Law Offices of SRIS, P.C., we understand that addressing legal issues alone could be tormenting. Our team of Indian Divorce Lawyers in New Jersey will guide you through the process. At this we help to find painless solutions to your problems.
Married in India divorce in New Jersey
The jurisdiction of a country places a pivotal role while filing a divorce. For those married in India and living in NJ for a long time, it is best for your lawyers to file in NJ. This is fine when it comes to mutual divorce. The problem arises when there is a contested divorce. People seek home turf advantage, if the laws of their homeland are favorable to them. The laws vary in different lands. Contact our Indian Divorce Lawyers in New Jersey for assistance.
Our Indian Divorce Lawyers in New Jersey can get you a divorce in America and whether or not the jurisdiction of the American court is valid in India, you have to file the judgment in India. For instance, if the judgment is filed in India with irreconcilable differences then the Indian court will not honor the agreement. Since in India does not accept irreconcilable differences as cause of action. But, the good news is if it is litigated the court accepts the judgment. So do not waste time, call our Indian Divorce Lawyers in New Jersey today!
Divorced in New Jersey with marital assets in India
Contemplating divorce and confused how to divide you assets? The Law Offices of SRIS, P.C. is your one point destination. Our Indian Divorce Lawyers in New Jersey have worked on cases involved couple with marital assets in different countries. Our Indian Divorce Lawyers in New Jersey are very sensible when it comes to dealing with international divorce. We take utmost care to accomplish your commitments. Our Indian Divorce Lawyers in New Jersey devise strategic planning to come to an amicable solution. We provide advice before the beginning the litigation process. Do not wait for the petition to be served, planning in advance can come to your advantage.
Divorce planning for couples migrating from India
Our Indian Divorce Lawyers in New Jersey promote the following planning:
- The financial health of the family is analyzed prior to applying for dissolution even in conventional cases but in international dissolution special care is taken to mediate with the family in the home country as well. The assets located abroad are also taken for partition both movable and non-movable assets.
- Our Indian Divorce Lawyers in New Jersey discusses on the client’s goals before signing up. Offering sensible advice to our clients and differentiating between, what they need and what they desire is crucial. As your lawyers, we try to resolve the issues within the ambit of law.
- Our Indian Divorce Lawyers in New Jersey brief the couple on the jurisdictions and which one will benefit their case. Educating the client will help them take calculative decisions.
- Our Indian Divorce Lawyers in New Jersey check if the concerned jurisdiction will accept the case. This includes child custody, visitation, asset division, etc.
- The grounds for dissolution varies from one jurisdiction to another, our Indian Divorce Lawyers in New Jersey are work closely with the local lawyers to understand the local laws on grounds.
- Our Indian Divorce Lawyers in New Jersey mediate on spousal maintenance and the time period. Whether to work out on large lump sum amount for lifetime maintenance. These issues if contentious are tried in the court.
- Specific issues are also raised by the Indian Divorce Lawyers in New Jersey for analysis and this include:
- Pre-marital assets: Depending upon the jurisdiction and the conditions, some courts allow division of pre-marital assets as well. Ask our Lawyers in New Jersey for more details
- Post-nuptial agreement: This will help on how to handle the custody and financial issues after a divorce. Our Lawyers in New Jersey can verify the agreement for favorable results.
- Pre-nuptial: The agreement signed in one jurisdiction may not be binding in another. Hence speak to our Indian Divorce Lawyers in New Jersey for advice.
- Child Custody and Visitation rights vary from one jurisdiction to another. But one good thing is, all the court considers the best interest of the child while deciding custody issues. Some of the issues our Indian Divorce Lawyers in New Jersey help include:
- Sole Vs. Joint custody
- Reducing the visitation rights of the non-custodial parent
- Limited relocation Vs. freedom of relocation
- Taking children overseas
Our Indian Divorce Lawyers in New Jersey have practice experience and not just paper knowledge and hence we understand the issues are critical, nevertheless, we navigate through the issues to give our clients the best of solutions. Ask our Lawyers in New Jersey now!
Reasons for Indian couples to end their marriage in the USA
The good news is India dissolution are rare, one of the lowest in the world.
The reasons why Indian couple seek termination of marriage is due to the following reasons:
- Domestic violence
- Incompatibility with the parents of the spouse
- Financial issues
If your case fits any of the above grounds, ping our Indian Divorce Lawyers in New Jersey.
So, what does the laws in the USA say about Indian marriage dissolution? The U.S. laws do not regulate Indian marriage dissolution. Therefore, it is a tricky proposition and needs the assistance of reputed Lawyers in New Jersey. Contact our Indian Divorce Lawyers in New Jersey ASAP. All you need to do is to file for divorce in your respective state. If you are in New Jersey, The Law Office of SRIS, P.C. can come to your assistance. The most important criteria is meeting the residency requirements of the state. The residency requirements in New Jersey are one year. For more information call our Indian Divorce Lawyers in New Jersey.
Mutual consented dissolution for Indian couples
Uncontested dissolution is cheaper and fast. The process is less complicated and can be completed in the USA. There is no need for court presentation and the matter can be settled outside the court. All you have to do is to come to an out of court settlement and present the copy to the judge. Our Indian Divorce Lawyers in New Jersey have experience in uncontested dissolution, so be rest assured you are in safe hands.
The matters that need mutual consent include:
- Spousal support
- Partition of assets
- Distribution of debts
- Child custody
- Child visitation
- Parenting plan
- Child support including health insurance, education and other miscellaneous expenses.
- Signing the agreement and attending the hearing without any change in mind
Our Indian Divorce Lawyers in New Jersey can help you file uncontested dissolution in US for Indian citizens. But the bone of contention here is that the decree from the US court is not valid in India. During such situations, our Lawyers in New Jersey can help.
Procedure for the Indian couple to apply for marriage dissolution in the USA
Terminating your marriage in the USA needs the assistance of reputed Indian Divorce Lawyers in New Jersey like the Law Offices of SRIS, P.C. Get the assistance of our Indian Divorce Lawyers in New Jersey for legal assistance if you are confused about the process.
The following steps should be followed to file a petition for dissolution in the USA:
Prepare the petition: Initiating the process starts with drafting the petition. The papers are available in the government website or talk to our Indian Divorce Lawyers in New Jersey. The form has to be notarized and two copies are taken and one is sent to the spouse and other is held for your records. The original documents are filed in the court and you can call upon the local clerk’s office to check or our Indian Divorce Lawyers in New Jersey can help you with it.
Filing the petition: The local clerk’s office is the place to file your petition. You can do it online too. For assistance contact our Indian Divorce Lawyers in New Jersey. For this you have to be the resident of the state.
Serving the petition: The petition has to be served to the other spouse as per the regulations of the state. If it is a joint petition the need doesn’t arise. Our Indian Divorce Lawyers in New Jersey can take the necessary steps to serve the petition.
Divorce settlement: Drafting the divorce settlement for uncontested dissolution needs the expert hands of Indian Divorce Lawyers in New Jersey. Do not worry, contact our Indian Divorce Lawyers in New Jersey for top rated settlement deed.
Court hearing: The petition and the agreement are presented to the judge and after examining the agreement, if everything is found accurate; the judge will sign the decree to wind up the process. Our Indian Divorce Lawyers in New Jersey prepare for the court hearing. Meet us for quickly resolving the issue.
The Law Offices of SRIS, P.C. provides assistance in all of the above cases. Do not hesitate to call our Indian Divorce Lawyers in New Jersey for advice.
Procedure for Indian couple to apply for uncontested marriage dissolution in the
The settlement agreement plays a pivotal role in uncontested marriage dissolution. It is legally binding and the court time is saved in the process. If you do not have one, ask our Lawyers in New Jersey to draft one. It is a proof that you and your spouse have come to an understanding on the issues and trial part can be eliminated. Our Indian Divorce Lawyers in New Jersey are just a call away; contact us to draft a settlement agreement.
Contact our Indian Divorce Lawyers in New Jersey to get the agreement drafted. We bring to table all the contentious issues and try to resolve them amicably before putting it into the agreement. Our Indian Divorce Lawyers in New Jersey prepares a water-tight settlement agreement and get it signed by the notary before presenting to the court.
The role of Indian Divorce Lawyers in New Jersey in mediation
If you are finding it difficult to toe the line with your spouse, it’s time for mediation. Our Indian Divorce Lawyers in New Jersey can mediate the issue to streamline your separation process. It is a low cost option to finalize your divorce fast and cheap.
An agreement has to be reached in the following aspects for a mediation to be successful. It includes:
- Division of assets
- Child custody, support and visitation
- Debt management
Even if any of these issues are contentious, you may have to get an Indian Divorce Lawyers in New Jersey. It is here where our Lawyers in New Jersey can help, we can find the middle way to settle your issues out of court. What are you waiting for, call our lawyers in New Jersey now!
Is my US divorce valid in India?
Indian couple contemplating a separation is shrouded with many questions and the top most among them is to know if the US divorce is valid in India. If you are on the same track, call the Law Offices of SRIS, P.C., our experienced Indian Divorce Lawyers in New Jersey explain the nuances of the issue and guide you in the right direction.
Any authorized court in the United States of America can grant the decree and it will be valid back home, if it meets the conditions prescribed in the Code of Civil Procedure, 1908, Section 13. Complying with the Section 13 makes the decree valid in India and there is no need to file new proceedings. Our Indian Divorce Lawyers in New Jersey have good knowledge of Indian laws to make your divorce legal in both countries.
The bone of contention arises only when it comes to alimony or property division. The American court decides according to their local laws and also Indian laws. If the couple belong to Hindu religion, the Hindu law is taken into consideration while transaction alimony. Hiring our lawyers in New Jersey with knowledge of Hindu laws could be to your advantage. Note that the Indian couple cannot file for divorce in two countries simultaneously. You can either file in the US or in India. In either cases, our Indian Divorce Lawyers in New Jersey can help. Book a consultation today!
Satisfying conditions mentioned in Section 13 can make your divorce in the US is valid in India. Our Lawyers in New Jersey can sort out the issues for you.
NRI marriage and divorce
The US divorce decree is valid in Indian court. Though, Non-resident Indians (NRIs) need not worry about it, since their marriage took place in a foreign location, Indian laws will not affect them. Yet the assistance of Lawyers in New Jersey cannot be discounted while applying for marriage dissolution.
However, the Indian court has its jurisdiction in the following cases:
- Indian residents married in India
- Foreigners married in India
- NRI married in India
On what conditions does a foreign decree for NRI couple made valid in India?
If you fall in any of the above category, your foreign decree will be valid in India:
- Marriage dissolution on mutual grounds
- Adhering to Universal International Law
- No fraudulent activities were involved
- Following principles of natural justice like fair hearing, providing sufficient time, adequate notice and zero bias.
- Decree granted on the merits of the case like proof of adultery, financial distress, domestic violence, facing jail sentence, etc.
You cannot fight the case alone, do not worry our Lawyers in New Jersey are with you to bail you out of the problem.
Reasons for Indian courts to reject foreign dissolution decree
The Indian court can be approached in the following cases if the NRI couple are unhappy with the decree given by the US court. Approach the Law Offices of SRIS, P.C. immediately to get the best advice. Our Indian Divorce Lawyers in New Jersey have hands on experience in handling cases both in India and the USA. Talk to us to untangle your issues.
Here are some of the circumstances under which the Indian court can scrap the foreign decree:
- When the applicant was not given an opportunity to make a representation in the US court.
- When the foreign decree was obtained without accrediting the Indian divorce laws.
- When the foreign decree was obtained against the principles of natural justice
- When the foreign decree was obtained by fraudulent methods
If you are a victim of any of the above situations, contact our Indian Divorce Lawyers in New Jersey immediately. Our Indian Divorce Lawyers in New Jersey can guide you through the process of checking the eligibility and relevance of accepting the foreign decree in Indian courts. The tricky proposition is that having a foreign decree can get you a divorce in the foreign land but you still remain married in India which makes things complicated when it comes to re-marriage, custody, asset division, etc. So, do not waste any time and talk to our Indian Divorce Lawyers in New Jersey quickly to formalize your marriage dissolution universally. What are you waiting for, meet us now!
Ex Parte Divorce in New Jersey
A spouse having domicile within a jurisdiction can seek Ex Parte divorce. It is valid when the other never resided in the jurisdiction where divorce was awarded. The state can determine the marital status of the spouse who is a domicile. The state does not have jurisdiction over the spouse who lives outside the state or country. In such though the divorce is recognized in one state or country, it is not binding outside the jurisdiction. For more information meet our Lawyers in New Jersey now!
There are instances where one party is kept in the dark about the dissolution proceedings. The other party may not be able to send a representation due to financial issues or practical difficulties. In such cases, the other spouse is deprived of spousal support and marital assets. To resolve the issue, click here for assistance.
Judgment by the foreign court is recognized in India if it does not breach the rule of law. For a dissolution, both the parties should make an appearance in the court.
The Supreme Court of India in a judgment made it clear that:
- Marriage between and NRI and Indian citizen in India cannot be terminated in a foreign court.
- Whether in India or USA, the wife should be given adequate alimony for property of husband in both USA and India.
Indian Divorce Lawyers in Bergen, NJ
Bergen is a thickly populated county in New Jersey and has a considerable number of Indian Americans. As the population grow so did family issues. The Law Offices of SRIS, P.C. have counseled a number of Indian Americans in family law and have been successful. If you are contemplating dissolution then our Indian Divorce Lawyers in Bergen, NJ can help. We offer a smooth dissolution that is valid in both countries. Our Indian Divorce Lawyers in Bergen, NJ have also worked on division of assets in both countries. Call us now for quick settlement.
Indian Divorce Lawyers in Princeton, NJ
If you are an Indian couple looking for marriage dissolution in Princeton, NJ, the Law Offices of SRIS, P.C. is your contact point. Our Indian Divorce Lawyers in Princeton, NJ have successfully ended marriages that are on the rocks. Our Indian Divorce Lawyers in Princeton, NJ are well adept in handling a range of family law matters as well. Put your concerns to rest with our Indian Divorce Lawyers in Princeton, NJ by your side.
Indian Divorce Lawyers in Cherry Hill, NJ
Settle your marital action at the Law Offices of SRIS, P.C. Our Indian Divorce Lawyers in Cherry Hill, NJ are here to settle the difference. Matters get resolved quickly if you and your spouse can settle disputes as quickly as possible. At this we can help. Our Indian Divorce Lawyers in Cherry Hill, NJ ethically resolve the issue and make it valid in both countries. So what are you waiting for, consult us for all your family disputes.