We have been living in NC for past 3 yrs. I think she will be challenging the divorce in India.
The whole issue is money. She first wants a divorce here to divide the money 50-50 and then file another case in India to get hold on the property we jointly own in India.
We have no plans to return to India as of now.
She knows that she is out of status the moment she divorces but as I said she first wants to get all the money she can based on NC law and then go to India.
Well I am still confused, The mariage was solemenized by Hindu Marriage Act, 1955 in India.Section 19 of the Hindu Marriage Act, 1955 clearly envisages that every petition under the Hindu Marriage Act for any relief being sought for by either of the parties ought to be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized. Both the parties are Indian Citizens and holding Indian passports and their marriage having been registered under the Hindu Marriage Act, 1955 the same can only be dissolved or any disputes inter-se can only be adjudicated upon under the provisions of the Hindu Marriage Act, 1955. Only that Court will have the jurisdiction to decide the inter-se disputes between the parties which shall follow the provisions of Hindu Marriage Act, 1955 and is governed by the said law.
So how can I be forced to go for a divorce in NC? If I simply refuse for a legal seperation or divorce how can a court force me for that?
This is a civil matter and since I am not an American citizen why will I be forced to abilde my US court civil ruling when my own country won't recognize that divorce. Why can't I seek a judgement to appl to India jurisdiction?
There are no criminal charges here or violation of law for a mandatory court proceeding.
Well I am not forcing her to live with me against her will. My only point is that if she wants to seperate then she should go to India's jurisdiction.
The issue is that even if I submit to NC jurisdiction for divorce and we do get divorced; she can still go and file another case in India's jurisdiction wherby the Indian court may simply not recognize this ruling and hence another case reopens against me in India.
Following is a link from one of the experts on Indian divorce law
Fair enough. so my next question would then be. If I understand NC correctly, the husband and wife need to live seperately for 1 year and 1 day before getting a divorce. During this time frame they can sign a mutually agreed legal seperation document. This is not mandatory but prefered.
However, I cannot be forced to sign a legal seperation document. Hence if I refuse to sign the legal seperation document then what recourse can my wife take? Does she still need to wait for 1 year or can she directly go to divorce court?
Secondly my wife through her lawyer is asking that I arrange for an apartment and other living expenses after living with friends for 2 months. I communicated to her that she can come back to our apartment however she is insistent that she needs a seperate place to live? Also I have been paying all her living expenses for the past 2 months. So can she still go to court and get an order for me to get her another place to live? I willing to give her our apartment and move out if she wants but she is persistent that I get a seperate place for her. Is this is a reasonable demand in court of law?
When you state "it is considered reasonable by the court for her not to want to live in the former marital home/apartment and the court can order such payment."
Does this still hold good even when I am offering to move out of the house since she doesn't want to live with me? My wife does not have a job so even if she asks for support/maintenance can she still claim right to my other assets during this period? For e.g. she has been using my car, credit cards etc.
Also what if I leave NC or US then how does that court order effect me?
My idea is not to flee the country but I am here in US on a work visa. I cannot live unlimited in US and will have to go back to my country once my work visa expires.
So what can I do safegaurd myself that i do not become a convict just coz i have to go back to my country? Not just that if I have to go back to my country so has my wife since she is on a dependent visa.
Secondly on what grounds is the amount of spouse maintenance and child support decided during legal seperation? Do I have to pay both or just one?
Also if I file a divorce case in my country today then can she still go for spouse maintenance or in that case the court will not accept any petiton from her for legal seperation/spouse maintainence/child support/divorce.
I hope you understand that my issue is complicated since I am foreigner here. Any divorce proceedings here in the US may not be recognized in my country as per their laws. Since I will have to return to my country at some point in time in the next 2 yrs I want to be sure that I don't get into a mess when i get back home even after following US judicial system.
One more question, Her lawyer sent an email to me that she needs some arrangement for her to provide a place to live. When I sent her an email to contact me and discuss in detail they have not responded in last few days.
My question is that can she get legal seperation order ex-parte? Can she get an order from the court without her lawyer even discussing anything with me to provide for spousal maintenance and child custody? Or is the law that only if I refuse legeal seperation can she go the court.
Again my intention being that I do not want to take any legal step first to rile my wife since i want to save this marriage however at he same I want to be sure that I am not caugh offguard here.
Well ok i think this will be my last question but can she go the court before I refuse to settlement?
I mean for e.g. right now she or her lawyer have not served me with any agreement nor have i refused to anything. I am assuming that she can get an ex-parte seperation only if I refuse to any settlement not before that? Or can she get ex-parte even now?
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