Urgent- Both want divorce ASAP :: Should we file in US or India ?

[jyotisharma503 0]

Hello All,

I have suffered enough in my 4+ years of marriage. Our marriage was a hindu marriage, registered in India. My husband is US Citizen (though he has dual citizenship of india) & I came to US 3 years back on marriage visa. He is a totally bad character guy with tons of pyschological issues, which I wasn't knowing before. He is ready to give me divorce with no issues, as he realizes it was his big fault. Right now I am totally shattered & going to my parents in India. I want to get divorce ASAP (with least time) now and want to start a fresh life as no kids even

1. Should he file divorce in US in my absence & complete it in US only ?. Which type of divorce he should file & will it need attorney ?

2. Or should I file in India (but then he isn't ready to come to india) ?. Which type of divorce should I file & will it need attorney ?

2. Can I marry someone while divorce process is still in progress or it has be completed ?

3. Does his "Dual Citizenship" matter here ? (I think he will still be treated US Citizen)

I have read that in India presence of both is required and in US minimum period is 6 months. Also I think we can only apply in california, as we have only lived in CA (if he decides to file in US). Or can I file in some other state

I would be really thankful

Jyoti

[ChetT 9]

Search if you are qualified " summary dissolution of marriage ".

It's the least expensive, and you don't need a lawyer. Make sure you are qualify. I'd start with google and go to your court house (there are people there to help).

[Sandra G. 5,070]

You he files the divorce in USA and you do not attend the divorce date the judge can grant him a divorce still. You CAN'T get married in USA if your divorce is not finalized. In USA he will be treated as a U.S Citizen and the dual citizenship does not matter in this case. Some states have divorce waiting period, most of the States the judge won't sign before of the six months waiting period, a few States two months and others 18 months.

Edited June 17, 2012 by sandranj

[Anh map 2,098]

If you both are in agreement then go to a family law attorney and learn about uncontested divorce in your state. Also find out if the process will take longer if one of you is no longer in the US.

Once you have all the information about your specific circumstances make the best decision.