applying for citizenship: need advice on divorce

[brb2]

that is why I was telling testingtimes06 not to delay but to file immediately in the US before his wife files in India.

Well, u all talk about the scenario when the US court send summons to ur spouse in India and no one responds back. In my friend's case, the wife's lawyer from India did respond back saying that she has already filed some cases against him in India.

Now the US court says that if there is already a case filed in another country, then the case cannot be taken in the US court.

Now what ?

 

[sunpad]

he can file in US but still girl can file 498A in India irrespective of the case in US. US courts will not consider if a case is pending anywhere else in the world. But, in India that's not the case and most of the family cases fall under criminal act.

 

[pwa]

Now you are effectively stuck. Start your battle in India or wait for few yrs and file dissertion in US.

What do u mean by 'wait for few yrs and file dissertion in US' ? I dont know anything about dissertion ! Can u tell me what's that and after how many years can u apply for that ?

 

[brb2]

Right, my point if he files in the US BEFORE she files in India (and thus a case is not "pending") then do you still see a problem?

.... US courts will not consider if a case is pending anywhere else in the world. But, in India that's not the case and most of the family cases fall under criminal act.

 

[brb2]

In some countries (generally Catholic) there are a limited range of reasons for unilateral divorce, one of which is desertion. Here in the US, no reason need be given and one can file for divorce after staying separately for a 1 year and legal separation can be filed immediately. I don't think you can use Indian laws to file cases in the US courts.

Now you are effectively stuck. Start your battle in India or wait for few yrs and file dissertion in US.

 

[Aleen M]

getting a divorce in the current location would be simpler and less contestable. They highlight the differences in divorce processes between Western countries and India, mentioning the possibility of a no-fault divorce and the potential for the wife to refuse to sign. The advice includes waiting for a year of living apart in some U.S. states, variations in alimony laws, and the suggestion to wait until after acquiring citizenship to minimize financial impact. The author recommends filing for divorce without a lawyer, especially if it's uncontested, and suggests researching how court orders are served in India. They mention the existence of professional agencies in Western countries for serving court orders and propose using certified mail with delivery confirmation for the Indian context. Finally, the author suggests searching online for divorce resources, noting the availability of state-specific websites.

 

[Sm1smom]

Zombie thread locked to further response.