Information needed on Divorce after GC.

N

NeedDivorce

New Member
Hello.

I want to get divorced from my spouse. We are both green card holders. Things are just not working for us and in fact getting worse day by day.

We got married in India. She was from a different community but we got married as per Hindu Rituals.

Her green card has her maiden name as per what was filled on application - I was fully aware about this and it was done with my knowledge - first official document for her after our marriage. She is derivative beneficiary on my application and we went through (like everyone else here) all sorts of struggle. So even though things were not smooth for us - I decided to defer things for a while before moving in this direction (meanwhile there was hope of things being sorted out too) - I wanted her to get GC before we separate. We got GC 3 months back and things never improvised.

Now since everything else is in place - we need to work on separation. We do not have any outstanding issues between ourselves - I am more than willing to pay for my son's (2 year old, US citizen) expenses and she is willing to allow me to meet him whenever I want.

We would like to do things ourselves - since there is no reason for us to contest it and pay attorney(s). We currently stay in NJ and she may like to move to some other state sometimes later this year. (me too later - I will have no reason to come back to NJ ever). Here is what I (or rather we) am looking for:

Anyone who did it all by himself/herself - please share your experience and idea. Anyone who has knowledge of how to do it - please share your information. Anyone who sees issues with process, please share your concerns. Any pointers on process and forms/applications to be filled and submitted are welcome.

Will her maiden name on GC be an issue in divorce? Will it be issue in paper work?

Can divorce be done in USA? Do we have to go back to India? Can her relocation to a different state cause any problem?

Also I do not want to jeopardize her chances of citizenship - she cannot go back to India for good enough reasons. Hope this will not cause any problem in her pursuit for citizenship.

Thanks a lot for your patience in reading this long post. Please be considerate in your opinion. I do not want to hurt her - but we just cannot live together.
 
some facts about divorce which maybe usefull to you,

If you are married in India and currently having Indian citizenship,

==> divorce taken outside India is not valid in India,
you can file your divorce in india where your marriage took place,
on the basis of mutual consent.
 
NeedDivorce said:
Will her maiden name on GC be an issue in divorce? Will it be issue in paper work?
Click to expand...

No, her maiden name should not cause any problem.


NeedDivorce said:
Can divorce be done in USA? Do we have to go back to India? Can her relocation to a different state cause any problem?
Click to expand...

Yes, your can do divorce in USA. As both of your are living in USA permanently, doing in USA will be easiest way to do. You don't need to do divorce formality from India. As she has GC, her relocation should not cause any problem for her GC. But both of you have to decide where you want file for divorce - because every state courts has own rules and restriction for divorce.

NeedDivorce said:
Also I do not want to jeopardize her chances of citizenship - she cannot go back to India for good enough reasons. Hope this will not cause any problem in her pursuit for citizenship.
Click to expand...

As both of you entered into marriage in good faith and divorce happened after getting GC, there should not be any problem regarding citizenship. However, as the divorce happening immediately after getting GC, that can raise some eyebrow. She need to talk to any immigration attorney regarding this issue while applying for citizenship. But at this moment, she does not have any problem for her GC.
 
dimag_mari said:
some facts about divorce which maybe usefull to you,

If you are married in India and currently having Indian citizenship,

==> divorce taken outside India is not valid in India,
you can file your divorce in india where your marriage took place,
on the basis of mutual consent.
Click to expand...

It does not matter. As both of them are living in USA and intent to live here parmanently, validity of divorce in India is a non-issue - unless they sharing properties (excluding inheritence properties) in India, which can cause legal issue in future. Otherwise, all that matter is validity of divorce in USA.
 
dimag_mari said:
then it is ok,

but it will be good if you see this link also as a precaution,

http://www.shaadi.com/wedding/legal/legal/050407-divorce-decrees.php
Click to expand...

The context you present is not valid for the query raised on this thread. The case above refers to a divorce decree in Australia being used to enforce in India where one of the ex spouse currently resides. If one lives in any Western country then it is much easier to obtain divorce by consent or otherwise. But one needs to be wary of the child support payments which will kick in and more importantly varies by each state. In some states it is as much as 20% of gross income until child turns 18.
 
Thanks a lot pralay, dimag_mari and In_durham for all your time and efforts.

Child support is not an issue - it is dad's privilege and I will take care of it. In any case going to India will not be easy for my wife. She has reasons to be concerned about and those are perfectly valid.

I would appreciate if I can also get pointers on the following:
How to proceed without attorney?
Any portal which gives some information on divorce (like this portal is on immigration)?
 
NeedDivorce,

In cases like yours, when both parties agree on terms related to divorce, it’s comparatively easier to get through the painful process. You can go for "Uncontested Divorce" if you both agree on all the terms.

NJ has both “Fault”. & “No-fault” ground divorce. With “No-Fault” divorce you need court-approved separation for 18 months and then any one party can file for a divorce. With “Fault” Divorce, following are the common grounds for divorce:
- Cruelty (physical/mental)
- Adultery
- Willful desertion for at least one year.
- Habitual drunkeness or addiction
- Institutionalization (for mental illness) or imprisonment
- Deviant sexual conduct.

Fault is an emotional factor in a divorce, but it has little or no influence on the terms of a final settlement

Check link I posted in the previous post, it has a lot of material. It's a complicated matter and even if you are able to get a lot of information using web/other resource, I will still suggest you to hire an attorney and let them handle the paperwork. That will not only ease the pain of process but will also safeguard your, spouse and other family members future.
 
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