Divorce,Child custody and Indian marital property can be enforced in India

Asked about 2 years ago - Morrisville, NC

being Indian can USA jurisdiction be enforced in India w.r.t Indian property and also in the divorce paper my spouse has not considered the chiild custody so how the judge wil derive the decision in absence of child custody agreement. Divorce has been filed on ground of one year separation.

Attorney answers (2)

  1. Howard M Lewis


    Contributor Level 20

    Answered . I am sorry that you are going through this. The hague convention may apply depending upon certain aspects of your case however, you really should sit with a local NC attny and go over what you are trying to accomplish, the he or she can give you some more specific advice, I cannot tell from the question if you are already in INDIA with a US court order or if there are current temporary orders. Also, as you know Indian courts are very old and in many cases they may err on the side of their own law and not give full faith to another countries law regardless of what they are suppose to do.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Amber Stewart Billick

    Contributor Level 12

    Answered . If you are in India you may also want to get the opinion of an attorney there.

    The information contained in this answer is not intended to be legal advice as the drafter of the answer does not... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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