Ok, thanks. now to your questions:
Can she force me for legal separation
Reply: Yes she can. In the u.s. if a person does not want to stay in a marriage they can leave and no one can force her to stay if she doesn't want too.
She left the house and now she is going to court that I support her while I have been paying all her bills all this time. Her demand is to get her a seperate apartment and stuff so that she can live easily while I am telling her she can come back to her home. Can she really get a one-sided order against me?
Reply: it's not one-sided, it is what is provided for under the law in NC. If a married couple separates then she is entitled to support for her and your child.
My only defense is that the divorce proceedings take place in India since we are indian citizens and marriage was solemenized there. Is that acceptable in court in NC?
Reply: No, it is not. You are residents of the state of NC and after 6 months of living there either party can file for divorce. arguing that NC does not have jurisdiction will not work, when you have been living there 3 years and it is the last marital home you have shared.
Can i refuse legally to accept NC jurisdiction?
Reply: You can try but it is doubtful you would win that argument for the reasons I just stated in the prior answer.
</p><p>We also have a 4 yr old son who is an American citizen. My only intent is not to open an divorce case here in US since a divorce verdict is US can be challenged in Indian court again. The case she she is trying to bring against me is that I need to legally support her and my child which I am more than willing to do and already doing but without any legal seperation document
Reply: It's unfortunate that she does not want to live with you but again it is her right not to do so and she is entitled to support from you until the divorce is final. If you want you can bring the India property into the divorce and have the u.s. court decide that issue as well so you do not have to deal with two divorces but otherwise she is entitled to get a divorce here and support until it is final.
I hope this clarifies.
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