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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I got married in India under special marriages act in 2007. Me

Customer Question

I got married in India under special marriages act in 2007.
Me and my husband now stay in California for past 2 years.
We cannot travel to India in coming years due to work.
Can we apply for mutual Summary Dissolution(divorce) here?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Provided you have resided in California for 6 months prior to filing, you may file for dissolution of marriage in California.

Here the forms that you may require:
Forms and Instructions for a Summary Dissolution (Divorce)

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Otherwise please click ACCEPT so that I am paid by the site. Do not click relist as it will delay my response.

Best wishes for a Happy and Healthy New Year!


Edited by WebLaw on 1/1/2011 at 9:46 PM EST
Customer: replied 5 years ago.

Once we fill out the form what needs to be done next:

 

1. Where do I have to submit the form?

2. What additional documents/paperwork needs to be attached. Keep in mind the marriage took place in India and we are not US citizens?

3. Will I be required to appear in court at any point during the 6 months waiting period?

4 . Will the divorce decree be mailed to me and my spouse?

5. Do I have to go back to India and then reapply for a divorce there under indian law as well?

 

Expert:  Ellen replied 5 years ago.

There is no six-month waiting period. You must lived in California for 6 months prior to filing.

I am not familiar with Indian law. You will need to consult with an attorney from India

All of your answers regarding the procedure may be found at this link:
http://www.courtinfo.ca.gov/forms/documents/fl810.pdf
Customer: replied 5 years ago.
Relist: Incomplete answer.
I got married in India under special marriages act in 2007. Me and my husband now stay in California for past 2 years. We cannot travel to India in coming years due to work. Can we apply for mutual Summary Dissolution(divorce) here?
Once we fill out the form what needs to be done next:



1. Where do I have to submit the form?

2. What additional documents/paperwork needs to be attached. Keep in mind the marriage took place in India and we are not US citizens?

3. Will I be required to appear in court at any point fom the time form is submitted and verdict is given?
4 . Will the divorce decree be mailed to me and my spouse?

5. Do I have to go back to India and then reapply for a divorce there under indian law as well?

Expert:  socrateaser replied 5 years ago.
Hello,

I am a California family law practitioner -- please permit me to assist:

0. Can we apply for mutual Summary Dissolution(divorce) here?


A: The rules for summary dissolution are found at this link. The fact that you were originally married in India is irrelevant. If you satisfy the requirements of California law, then you can be divorced in California, irrespective of where you were originally married.

1. Where do I have to submit the form?

A: The forms are filed with the family court clerk in the Superior Court located in the county where you reside. Some counties may have a separate family courthouse (e.g., Orange County). For the Superior Court in your county, see this link.

2. What additional documents/paperwork needs to be attached. Keep in mind the marriage took place in India and we are not US citizens?


A: You do not need any additional paperwork. You do not have to be a U.S. citizen to divorce in California. You only need to be a resident of the state for six months.

3. Will I be required to appear in court at any point from the time form is submitted and verdict is given?


A: A summary dissolution does not require a hearing. However, some judges require the hearing, because the judge wants to ensure that each party is aware of the general rights and obligations involved -- and that no one is being tricked or coerced into the dissolution or its terms and conditions.

4 . Will the divorce decree be mailed to me and my spouse?

A: No. You will receive a "Notice of Entry of Judgment," which is a note from the court clerk stating that your judgment is filed and final. If you want a copy, then you will need to either visit the courthouse and purchase a copy, or arrange with the clerk to mail you a copy -- which you will have to pay for.

5. Do I have to go back to India and then reapply for a divorce there under indian law as well?

A: Your divorce is valid here and in India -- though, as I'm sure you're aware, India family customs tend to dislike the entire concept of divorce, so there may be non-legal repercussions.

Hope this helps and happy new year.

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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37952
Experience: Retired (mostly)
socrateaser and 2 other Family Law Specialists are ready to help you

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