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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Married in India moved to US after 2 yrs of marriage and

Customer Question

hi married in India moved to US after 2 yrs of marriage and have benn separated over 3 years now filed for divorce in India with mutual consent but later found spouse has been cheating all through out the marriage and even before me plssss
Submitted: 6 years ago.
Category: Family Law
Expert:  Legalease replied 6 years ago.

Hello there

Are both you and your ex husband living in the United States at this time?

Was the divorce in India finalized -- did it become final?

Customer: replied 6 years ago.
Hi No its the other way around husband is here and wife has been in India since 3 yrs and divorce is in process of being finalised ...its been a nightmare is all i can say and wish i could have only avoided it .....guess its too late and now i am concerned about impact on my child ...
Expert:  Legalease replied 6 years ago.

Hello again.

Because the wife is in India, a US state court does not have jurisdiction over her person and you could not legally get her to answer a summons and complaint for divorce in the United States anyway, so the logical place for the divorce is in India. If your issue at this point in time is that you have just discovered her infidelities and you somehow want to charge her with them -- even in a US court, the courts will no longer entertain adultery and infidelity as a "grounds" for divorce -- even if the state law has such divorce grounds still in the law books. All of the states have "irreconcilable differences" as the divorce grounds and in some courts if one party is unfaithful to the other a court might take that into consideration during the property division part of the divorce and award the "wronged" spouse additional compensation as part of the property division in the marriage (so the party who cheated would get 40% of the assets of the marital estate and the wronged spouse will receive 60% of the assets of the marital estate). So under these circumstances, you would not do any better in a US court by charging her with adultery anyway.

I wish I could tell you that you can have this case changed over to a US court so that you could charge her with the adultery and anything else that she should be charged with -- but it simply does not work that way and the right place for the divorce is the Indian court.