Married a wrong person!!!

[madtownguy 164]

You can file divorce from India if you really want. Odds are your partner will file once they get a clue. Sorry it didn't work out.

[sparkles_ 456]

As a resident of NC, let me advise you.

File the separation papers now. If you had been married more than a year then both you and him could have signed in good faith you had been separated, a legal loophole to get the divorce done ASAP. Since you aren't, you need to file the legal separation now so that the one year can begin from that day. After the year, you file your part even if you're back home. Make sure you bring them with you and bring the papers to serve him as well. Once the year is up in your home country you contact the local police department and mail the paperwork to them, they will serve him. He had so many days to show for court and if he doesn't, he usually won't, divorce is granted.

You could always move to a new state for residency and file there. Or file in your home country but that's probably more complex. Either way you do it, you should get a lawyer to help you.

[aaa2zzz 27]

I mostly agree with Becca&Youssef. NC is one of the harder states to get divorced in. If you "move" to a new state you usually cannot file until you meet residency tests, and your spouse could probably successfully contest jurisdiction

If you can, before you leave the USA, get all the forms (see the county clerk, they may have a self help center) try to find a family law (divorce lawyer) who you can have as a backup in case you have a difficulty while you are gone.

Unfortunately, there is no "separation filing." You can only file one year and a day after you moved into separate residences. That is "separation."

One problem you have is that you probably have to personally appear in court to get the divorce granted. Hence, a lawyer may be helpful to explain to the judge why you are not there.

If you file in India, even if its valid there, sometimes such divorces are not recognized in the USA since India has no jurisdiction over your spouse. There were a lot of persons getting quickie divorces in the Dominican Republic and they ran into that. Maybe you only care about validity in India. I don't know.

If you can prove your spouse is insane, you do not have to wait a year.

[depressed_lost 12]

As a resident of NC, let me advise you.

File the separation papers now. If you had been married more than a year then both you and him could have signed in good faith you had been separated, a legal loophole to get the divorce done ASAP. Since you aren't, you need to file the legal separation now so that the one year can begin from that day. After the year, you file your part even if you're back home. Make sure you bring them with you and bring the papers to serve him as well. Once the year is up in your home country you contact the local police department and mail the paperwork to them, they will serve him. He had so many days to show for court and if he doesn't, he usually won't, divorce is granted.

You could always move to a new state for residency and file there. Or file in your home country but that's probably more complex. Either way you do it, you should get a lawyer to help you.

Hi thanks a lot for replying.First of all I am the husband.I am little confused.What do you mean by the following sentences:-

-Make sure you bring them with you

-you contact the local police department and mail the paperwork to them, they will serve him

what should I bring with me?and local police department in usa or india?and what will they serve him?

[depressed_lost 12]

I mostly agree with Becca&Youssef. NC is one of the harder states to get divorced in. If you "move" to a new state you usually cannot file until you meet residency tests, and your spouse could probably successfully contest jurisdiction

If you can, before you leave the USA, get all the forms (see the county clerk, they may have a self help center) try to find a family law (divorce lawyer) who you can have as a backup in case you have a difficulty while you are gone.

Unfortunately, there is no "separation filing." You can only file one year and a day after you moved into separate residences. That is "separation."

One problem you have is that you probably have to personally appear in court to get the divorce granted. Hence, a lawyer may be helpful to explain to the judge why you are not there.

If you file in India, even if its valid there, sometimes such divorces are not recognized in the USA since India has no jurisdiction over your spouse. There were a lot of persons getting quickie divorces in the Dominican Republic and they ran into that. Maybe you only care about validity in India. I don't know.

If you can prove your spouse is insane, you do not have to wait a year.

Hi thanks a lot for your valuable time.As a matter of fact I am the husband.So I just visit the county clerk and get Divorce forms?I don't think it will be easy to file in India but I will look into that as well.So I just collect these forms,contact a lawyer and simply pack my bags and get back to my country?Should I inform US IMMIGRATION?Also you said there is no Separation Filing.I cannot prove she is Insane.

You can file divorce from India if you really want. Odds are your partner will file once they get a clue. Sorry it didn't work out.

Thanks for the advice.What will my partner file once they get a clue?

[depressed_lost 12]

file, go home... log the 1 year clock, then get a US attorney to final the steps for you. or you can get attorney from start to end. About 2-4K fees total, plus you can get alimony for the time together before separation

Thanks for you advice.File what and go home?

[aaa2zzz 27]

Here is the page for one of the counties. All the forms are online. But I think the court clerk can help you know which you need.

http://www.nccourts.org/county/chatham/staff/clerk.asp

the mention of insanity was tongue in cheek

in the USA, legal papers have to be delivered ("served") by a third party. The police usually will do it for a fee. Or there are professional process servers. The court clerk will help you out.

You probably got an I-94 form when you entered. Often stapled to your passport. Turn in it. Save your boarding pass for the flight home. leave before 90 days to avoid overstay

[depressed_lost 12]

She doesn't need to wait the year as she will no longer be a resident of that state. She can go back home and follow the divorce laws in her country and file for divorce there. No need to file in the US at all.

HI!Thank you so much for the advice.What documents should I bring along with me from USA in order to file the Divorce in India?Is it possible that my spouse can get me in trouble through some false allegations after I leave for India?

[Ontarkie 14,394]

HI!Thank you so much for the advice.What documents should I bring along with me from USA in order to file the Divorce in India?Is it possible that my spouse can get me in trouble through some false allegations after I leave for India?

When it comes to divorce soon to be ex's can do just about anything. I don't there is anything she can do that would stick without proof.

You probably only need your marriage certificate to show your marriage. A legal divorce in India will be recognized in the US so no worries there just follow the laws.

[sparkles_ 456]

Sorry I didn't realize you were the husband not the wife!

I would like you to google "John Walker NC divorce" and contact him. He is in Charlotte and doesn't charge a lot to help you with a divorce and separation. You can do it all via phone or email if you like with contacting him. I've spoken to him but had the fortune of being able to file on my own ex in another state since NC had such a long wait time. He has the best prices in the state. He will give you all the forms. Don't attempt this on your own because NC is a three step divorce.

Only one party needs to file separation, the other person will just get a mailed notice. In fact if she is that crazy and unwilling to sign you just use the police or any process server in the area that a lawyer wild guide you to. Being served is as good as a signature in NC.

File separation. Let Uscis know, and when you get back home just wait the year. When it's time contact your lawyer again and have her served again with the divorce forms. You will probably have a phone in court date but it can be waived most likely.

I would discuss with a lawyer about annulment if you can!

Also. Get addresses for her, her friends, her work, her family in case she tries to run from being served. Get her car tag and vin number. That info could help a server find her if she moves trying to avoid this.

The local NC police department is the one I meant

[sparkles_ 456]

Hi thanks a lot for replying.First of all I am the husband.I am little confused.What do you mean by the following sentences:-

-Make sure you bring them with you

-you contact the local police department and mail the paperwork to them, they will serve him

what should I bring with me?and local police department in usa or india?and what will they serve him?

Bring them with you, the divorce paperwork copies. You will get a "client copy" that you could use as a back up. A lawyer will give you everything, as I said doing this alone for NC isn't wise.

The local NC police can be a free process sever but it is when they have time, it's of least concern to them.

They will serve the divorce petition and they will send a sworn copy of serving him to your lawyer or yourself to show the judge. It acts as a signature.

I advise you to file legal separation, you don't have to by law but because NC has a one year wait and because your ex is as you say crazy, it would be bad if they went to court and said it hasn't been a year and you have no proof.

[Darnell 8,479]

since the marriage is so fresh and new, is possible to quickly chase an annulment, instead, in NC? Man if'n I was at the county courthouse, talking to the county clerk, I'd be asking that question right there... face to face, live and in person.

[sparkles_ 456]

NC is a really backwards state when it comes to divorce. Sadly the same comes to annulments. Ending a marriage in general here is a real headache. These are the only ways to get an annulment in NC:

incest, meaning the husband and wife are closer than first cousins (for example: double first cousins, uncle/niece, siblings)

false pretenses, meaning the husband and wife got married believing the wife was pregnant, but then separated within 45 days of the marriage and no child was born within 10 months of the separation

either spouse was physically impotent at the time of the marriage (impotence must be diagnosed by a doctor)

either spouse was not of sound mind and incapable of entering a contract at the time of the marriage, or

one of the spouses was under the age of 16 at the time of the marriage (unless there was a court order allowing marriage between ages 14-16 when the wife is pregnant).

[Boiler 45,930]

I 94's are not issued, all electronic.