There are over 1,000,000 Indians living in USA. Over 300,000 Indians live in Virginia, Maryland & DC and there are a number of Pakistanis, Bangladeshis and other South Asians living in USA (Virginia, Maryland & DC). These three groups make up a growing, dynamic, and successful population in USA (Virginia, Maryland & DC), but they also face marital issues such as divorce, custody, child support, domestic violence, protective orders, etc.
Since South Asian Americans are getting divorced in USA (Virginia, Maryland & DC), and they have family-law problems, they need an Indian American family lawyer in USA (Virginia, Maryland & DC) who understands their heritage and their cultural issues. Indian heritage influences the divorce that takes place in India and USA (Virginia, Maryland & DC) , and the growing number of divorces between Indians Americans in USA (Virginia, Maryland & DC) must be duly negotiated and processed and examined by an Indian American family law lawyer.
Can I divorce in USA (Virginia, Maryland & DC) if I was married in India, and can I divorce in USA (Virginia, Maryland & DC) if I am married to an Indian?
If you get divorced in USA and live in Virginia, Maryland or DC, and need to have the divorce recognized in India, then you will need the services of a family law lawyer who understands what requirements your divorce has to meet in USA (Virginia, Maryland or DC) to try and have it recognized in India. Marriages entered into in India are considered valid provided that they were entered into in accordance with local law in the country in which they were entered into. The Indian wedding ceremony ensures that a valid marriage cannot be dissolved unless you comply with the legal requirements of marriage law in your country of residence and the local law of your home country.
If you want the US to recognize your divorce in India and your divorce certificate is in a language other than English, please attach an affidavit from a translator certifying the authenticity of the translation.
Can my children travel to India during the divorce process?
India is not a signatory to the Hague Convention and therefore, if your children travel to India with your spouse or ex-spouse during the divorce process in USA (Virginia, Maryland or DC) or child custody battle in USA (Virginia, Maryland or DC), they may never come back since India does not honor the Hague Convention. However, if the judge determines that you, the parent taking the children to India have strong connections to the US (Virginia, Maryland or DC area), he may let you travel to India with your children. However, if you are the parent who is opposed to your child traveling to India, you can draw the Court’s attention to your concerns by pointing out that India is not a signatory to the Hague Convention and that India is not subject to international law.
There is no multilateral treaty between Indian and USA that provides for the right to return of a child kidnapped internationally by one parent to another parent.
Indian courts are not obliged to comply with any child custody order entered by a USA court (Virginia, Maryland or DC), as India is not a member of the Hague Convention. Indian courts cannot enforce a custody agreement or demand the return of a child to USA (Virginia, Maryland or DC) because India is not a party to the Hague Convention. The courts in USA (Virginia, Maryland or DC) do not have jurisdiction over the custody of children in India, Pakistan or Bangladesh and many other South Asian countries because they are not part of the Hague Convention.
However, the courts in USA (Virginia, Maryland & DC) do have jurisdiction over the actual divorce parties, but not over children in India, Pakistan & Bangladesh.
In divorce proceedings in USA (Virginia, Maryland & DC), it is up to the judge to use expert opinion as to land valuations and jewelry valuations to determine how much the land or jewelry is worth, but the other party may have its own experts who can assess the properties differently. This is often an very component when parties from India, Pakistan & Bangladesh get divorced in USA (Virginia, Maryland & DC). In USA courts (Virginia, Maryland & DC), experts are required to testify about the value of real estate. This means that the expert must be flown from India to USA (Virginia, Maryland or DC), certified as an expert under the USA Evidence Rules (Virginia, Maryland or DC), and must then give credible testimony about its value. Refusal to cooperate with court orders can be punishable by imprisonment until such time as cooperation is complete. The alternative to flying the real estate expert from India to USA (Virginia, Maryland or DC) is to do a de bene esse deposition of the expert in India. This is a very complicated issue and only a skilled Indian American lawyer in USA (Virginia, Maryland or DC) who deals frequently with Indian clients will usually have the knowledge, contacts and skills to pull this off successfully.
Jewelry commonly used as a wedding gift can be worth up to thousands of dollars in India, and jewelry as a common wedding gift.
This is why, in the event of a divorce in USA, it is important to keep jewellery from India in the couple’s possession. Frequently, when one party suspects that there are marital problems, jewelry often disappears either before or during the divorce, and it becomes difficult to properly assess and evaluate it to determine the value of the jewelry, as it was usually a gift. Furthermore, this jewelry is often worth more than $10,000 in India, and even more in other countries such as the United States.
If you are in possession of the jewelry from India, you can then prove that it exists and let the court decide how best to distribute it, otherwise, as already mentioned, it could disappear. In addition to jewelry, it is important to consider what you want from the marital home and take it with you when you leave the house and whether you want to keep it after the divorce or otherwise let the court make a determination of the value. Another complication is that jewelry can be given to one or both parties at the same time, therefore, the issue that frequently comes up in USA courts (Virginia, Maryland & DC) is whether it is marital property or separate property.
Another aspect of a dissolution of marriage in USA is how parents make religious decisions for their Indian children. The dominant religions in India are Hinduism and Islam. This require special knowledge of Indian America divorce lawyers to ensure that the couples child’s education is consistent with their religious beliefs. Whether you are Hindu, Muslim or Christian, you can make an agreement that guarantees that your child will grow up in a particular faith.
People who marry in India after immigrating to the United States often get married under India’s Hindu Marriage Act. The purpose of the Indian Hindu marriage law is, among other things, to establish uniformity between couples of different religions in the Indian marriage laws. It lays down the uniformity and conditions necessary for marriage and also provides for the legal process of separation and divorce. Without these conditions, a marriage may be invalid or invalid, or both.
Because India’s Hindu Marriage Act does not recognize faultless marriages, a divorce granted in USA (Virginia, Maryland or DC) may not be recognized by the Indian courts.
Note: Mr. Sris is not admitted to practice law in India, but he is admitted to practice law in USA (Virginia, Maryland & DC), and you can choose whether or not to divorce in USA (Virginia, Maryland or USA). You should not consider legal advice about USA laws from outside India, but you should seek advice from an Indian lawyer on how best to take legal action within India. If you get your divorce in USA (Virginia, Maryland or DC), you will have to undergo additional divorce proceedings in India. While it is best for you to consult with your lawyer in India on how to register the divorce locally in India if necessary, you are legally divorced in USA (Virginia, Maryland or DC) and must carry out additional divorce processes under India’s Hindu Marriage Act to have your marriage recognized in India.
Islamic law provides for a religious contract called Mahr, which can function as a premarital contract but cannot be enforced in the United States because it is very rare. It is a legal agreement between a husband and his divorced wife in which the husband submits to the wishes of the wife.
These are important considerations to bear in mind when considering divorce, and it is important that the lawyers of both parties know and respect the culture and tradition of Islam. Since the divorce is carried out under Virginia, Maryland & DC law and Shariah law is not applicable in USA (Virginia, Maryland & DC), we can work with the parties to reach an agreement that could be Shariah-compliant. If the case is referred to a USA judge for a ruling, he will decide if the parties do not reach a settlement based on Virginia, Maryland & DC laws.
Turn to Mr. Sris if you need help with your family law issues in DC Metro Area.
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Mr. Sris can also be your Indian American divorce lawyer in other states in USA under the concept of pro hoc vice. C