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

Asked in Morrisville, NC - 12 months

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)

Howard M Lewis

Framingham Divorce / Separation Lawyer

0

5

Answered 12 months ago. 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.

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Amber Stewart Billick

Concord Family Law Attorney

Licensed in NC

0

Answered 12 months ago. 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