My brother’s son, married in India in 1998 according to Hindu customs, is now seeking a divorce with his wife. They both became US citizens after the marriage and have a son born in America. They’re planning to separate amicably. Could you please guide me on:
1. Can they file for divorce in India?
2. Will the Indian divorce decree be valid in the US?
3. Will US courts recognize and enforce the Indian divorce?
4. Can they initiate the divorce process online and through video calls?
5. What is the expected timeline for the divorce?
Best Answer
Yes, they can file for divorce in India as they were married under Hindu customs. The Indian divorce decree will be valid in the US if it meets the requirements of the Hague Convention on Recognition of Divorces and Legal Separations. They cannot initiate the divorce process online or through video calls as Indian law requires physical presence in court for some proceedings. The timeline for divorce in India can vary but typically takes several months to a year.
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