As a law firm in Virginia and Maryland that often handles divorces cases for couples who got married in India, we get numerous questions from clients who got married in India but now want to get a divorce in USA in the states of Virginia, Maryland or DC will affect them in India.
Mr. Sris’ has handled numerous US divorce cases for Indians who got married in India and are now living in USA. A divorce case in Virginia, Maryland or DC is different from that in India.
Trying to end a marriage becomes more complicated when the couple was married in another country such as India.
What our law firm usually sees is that while the couple may have gotten married in India, when they get to the USA, things don’t work out, and one of the spouses decides to end the marriage.
COMMON REASONS FOR DIVORCE BETWEEN INDIAN MARRIED COUPLES IN USA
- Domestic violence between the married couple.
- Having family problems with the in-laws.
- Financial problems especially if one spouse sends a lot of money to his or her family back in India.
- Transferring money to India to hide money from the other spouse
GETTING A DIVORCE IN VIRGINIA, MARYLAND OR DC CAN BE A COMPLICATED PROCESS ESPECIALLY WHEN THERE ARE ISSUES SUCH AS:
- Property issues both in USA and in India
- Child custody issues between the couple, especially when one of the parties wants to relocate to India with the child either during the divorce process or after the divorce.
- Another aspect of child custody disputes that occurs is when one of the parties takes or kidnaps the child and flees to India.
Therefore, to end a marriage in Virginia, Maryland or DC, you need the services of an experienced and skilled attorney like Mr. Sris, who is licensed to practice in Virginia, Maryland and DC and is intimately familiar with Indian laws and issues such as land valuations in India, tracing money sent to India and serving individuals living in India. Understanding the Indian laws such as the Hindu Marriage Act, Muslim Marriage Act, Dowry Act, and 498A cases is critical for skilled and qualified representation of Indian couples getting divorced in the USA. The following are essential things required to file to dissolve a marriage for a couple who was married in India and are dissolving the marriage in the USA in states such as Virginia, Maryland or DC.
RESIDENCE IN USA
Different states have different requirements regarding how long one has to live in a particular state before you can file to dissolve your union in the USA. Just because you got married in India does not require you to go back to India to file for a divorce. You are allowed to file in the state where you meet the residency requirements. Provide the relevant details to show that you and/or your partner meet the residency requirements and start filling for your divorce in USA.
OBTAIN SERVICE OF PROCESS
Our law firm uses different private investigators to try to obtain personal service in India. Our law firm in Virginia and Maryland has established these networks because we want to assist our Indian clients who got married in India to obtain access to a fair justice system to file for a divorce in USA.
One needs to obtain personal service in divorce cases in USA when one is filing for child custody and one of the parties is residing in India with the child. Obtaining personal service in India helps a client strengthen their chances of initiating the end of their marriage and child custody case in USA when the couple got married in India.
LEGAL SEPARATION IN USA
An Indian couple who got married in India can only get a limited dissolution from the bonds of marriage first before reaching the final dissolution. The grounds for obtaining a final dissolution may involve cruelty, desertion, adultery or divorce based on one year separate and apart.
You are able to initially file for a limited divorce in USA which is also known as “divorce a mensa et thoro.” This means that you and your spouse have divorced but not entirely. This kind of divorce has some advantages like remaining on the same health insurance or tax benefits.
WAITING PERIOD IN USA
A divorce in Virginia, Maryland, and DC can be either contested or uncontested. A contested dissolution of marriage occurs when the couple cannot agree on one or more issues — for example, a couple that wishes to end a marriage but cannot come to an agreement as to the financial terms or custody of their child. On the other hand, an uncontested divorce in USA is one where the married couple agrees to a divorce, makes a fair division of properties and enters into a separation agreement.
In our experience, an uncontested divorce in USA (Virginia, Maryland & DC) typically takes two to three months after filling while contested divorces can take between 15 months to 2 years. For those who have gone through a contested divorce case and no appeal was made, the divorce is final after the judge has signed the final decree and twenty-one days pass without an appeal being taken.
Our law firm believes that during the most challenging time in your marriage, one needs a lawyer in USA (Virginia, Maryland & DC) that fully understands the situation to represent you. Mr. Sris assists Indian clients who got married in India but are now living in the USA in Virginia, Maryland, and DC with different types of family law cases. This is due to his vast experience in handling those cases and others. Additionally, the attorney’s familiarity with the Indian culture helps him understand the clients’ needs better.
THINGS TO CONSIDER WHEN MARRIED IN INDIA AND DIVORCING IN USA — VIRGINIA MARYLAND OR DC
WERE YOU MARRIED IN INDIA, AND WANT TO DIVORCE IN THE USA?
FIRST, CONSIDER THE FOLLOWING:
- Understand all the underlying legal issues if you’re going to separate with your partner.
- If you and your spouse are physically residing in the US, you have the same access to the courts as citizens even if you were married in India.
- Divorce may result in you having to change your visa status; immigration laws need to be taken into account.
- The law of the state you live in applies, not the fact you were married in India.
- A divorce can be very emotional.
Before you make any decision regarding your dissolution of marriage, always consult a professional law firm for advice. Mr. Sris is based out of the Fairfax Office. He has handled numerous Indian divorce cases in Fairfax, Loudoun, Arlington, Prince William and Alexandria in Virginia. He has also handled Indian divorce cases in Montgomery County, Howard County and Baltimore County in Maryland.
The following are some of the common questions Indian clients ask Mr. Sris about an Indian divorce in USA:
- How to dissolve a marriage in USA if married abroad?
- I got married in India can I dissolve my marriage in USA on a F1?
- Can a person married abroad get divorce in USA?
- Is it possible to divorce someone in USA when you are married in India?
- Can a person married in India get divorce in USA?
- If I have gotten married in India but now i am in USA, can I file a divorce in USA?
- If couple married in India can they file for divorce in USA?
- Married in India divorce in USA time period?
- Can we apply divorce in USA if married in India?
- Filing a divorce when married in India but staying in USA
- How to get divorce from wife in USA if married in India?
- Process of divorce when you are married in India and living in USA?
- US citizen married in India divorce in USA
- Can one file a divorce case in USA if married in India?
- Is US Divorce Valid In India
Sundari Sriskandarajah Memorial Scholarship
The law Offices of SRIS P.C., has been successfully representing individuals for many years. In the process of contributing to the community success we are proud to offer this $500 scholarship. To read more about the scholarship requirements, check out our scholarship page.
IF YOU WISH TO SCHEDULE A CONSULTATION WITH MR. SRIS ABOUT A MARRIAGE IN INDIA AND A DIVORCE IN USA — CALL 888-437-7747.
Additionally, Mr. Sris’ knowledge of the culture helps him relate to the client’s concerns about the following types of issues when a marriage takes place in India and a divorce occurs in USA – Virginia, Maryland or DC:
- Dowry case being filed against them and their family in India,
- That the other spouse is attempting to make a claim to a gift by the parents solely to one spouse.
- How cultural aspects such as caste and inter religious marriages may cause friction between spouses.
- In some cases, even how one spouse’s desire to eat non-vegetarian foods or consume alcohol may be causing friction in the marriage.
- Gold jewelry given by the parents to one spouse is now being claimed by the other spouse.
Based on his substantial experience of helping Indian clients who got married in India and are now seeking a divorce in USA in Virginia, Maryland or DC for over 21 years and being a licensed attorney in Virginia, Maryland, and DC, Mr. Sris believes that it is critical that as your lawyer, he has to truly understand you in order to represent you well during such a difficult time in your life.
Mr. Sris’ experience enables him to not only assist clients of Indian origin who got married India with their dissolution of marriage cases and collateral issues such as equitable distribution, child custody, child kidnapping, etc., but it also helps him assist clients with related issues such as criminal domestic violence charges, civil protective orders, and immigration-related issues such as cancellation of visas.
Often, criminal domestic violence charges go hand in hand with civil protective/peace orders. As such, it is difficult enough that the client is dealing with their marriage ending, on top of that, he/she has to deal with a criminal domestic violence charge and as a result of the civil protective/peace order, the individual cannot go back home and be with the children.
Dissolution of marriage laws and procedures in the US are different from those in India. Before you take action on your divorce process in USA, first consult an attorney from your home country and another in the USA. You might realize your country’s system might be substantially different from the US in terms of property distribution, child custody determination, etc.
When obtaining a divorce in the USA, one party may receive a divorce decree which may not be recognized by the Indian Courts with a reason that the foreign court has no jurisdiction over the case. The marriage gets recognized in one country and null in another. In India, such a person may be accused of bigamy, but in the US they are not considered guilty.
For all of the above reasons, if you got married in India and are facing a dissolution of marriage in the US (Virginia, Maryland or DC), seriously consider contacting our law firm for help.
If you need a Virginia lawyer, Maryland Attorney or Legal Counsel in DC to help you with your dissolution of marriage case in Virginia, Maryland or DC, call us at 888-437-7747. Our divorce attorneys can help you.
Therefore, if you were married in India, but are ending your marital union in USA, contact our law firm, so we can help you get through this tough time.
A marriage ending in the USA and resulting in a dissolution of the bonds of matrimony in USA in Virginia, Maryland or DC does not have to be scary when you get the skilled representation of an Indian lawyer in Virginia, Maryland & DC.
Call us today if you got married in India and now need the help of skilled Indian lawyer, licensed to handle cases in the USA in Virginia, Maryland or DC.