You can hire a lawyer and have your husband pay your legal fees. As soon as your husband speaks to a lawyer he will see the light. In addition if he tries to fight the divorce he may have to pay temporary maintenance to you
You do have custody of your child. There is no way that a judge would give custody to your husband unless there were extenuating circumstances i.e. abuse, issues of safety etc. Clients often get caught up in legal terms. What does the term "legal guardian" mean to you. Is it necessary that he be appointed. Why? Without the father's consent an adoption by your fiancee would be doubtful. You should consult an attorney who can help you understand the issues involved.
You would have to either find your spouse or make a motion to the court for an order of publication. This will allow you to publish the summons in a newspaper. If you have your husband's social security number or other information about him an attorney can perform a computer search. Our office can perform that type of search
You left out the fact of whether the mother is a United States Citizen. If she is not there is no question that issues regarding child custody will be subject to the laws of India. If the mother is a USC I would have to contact an attorney in India to work out a custody arrangement. I recently had a similiar problem with an American Citizen who moved to Argentina and married an Argentinian national. I recently returned from Argentina and the court there ordered that the child had to remain...
You are asking a very good question. The property is already in contract. I assume you are not selling at an amount below the fair value of the property. I also assume that you are correct in categorizing the property as a joint assett. Equitable distribution does not always mean a 50/50 division of property. You are you spouse may be entitled to more than half. From a conservative postion I would recommend you place all the proceeds in escrow at this time. Even if you were served with...
Your attorney should know the tax issues involved in a matrimonial case. For example maintenance is tax deductible for the payor and income to the payee. Distribution of assets are more complicated. After your attorney advises you of the tax issues which may affect you, your attorney should refer you over to an accountant or tax attorney familiar with taxation and Divorce issues.
You have to have your husband personally served after you purchase an index number. I often ask client if they have a friend who knows the defendant. A friend who knows the defendant and has a photo of him can make service on him. Other alternatives are hiring a process server or have you husband sign a consent to the divorce. You could mail him a consent form