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How do you handle religious marrige other than Christian marriage in case of divorce?

Lake Elsinore, CA |

I am religiously Hindu and from India. I was married in India and came here after marriage . Now we are US citizens and living here for 13 years. We are CAlifornia residents and we have a 12 years old daughter.
We are not sure how do you handle martimonial issues like divorce or property distributin and spousal or child support?

Attorney Answers 2


I echo the other attorney's comments. In fact, I've had several clients that were married in India, moved to California, and thereafter, sought a divorce, which involved issues of child custody, support, etc. Essentially, it makes no difference if the parties were married in India, to get a divorce in CA. In other words, a lawful marriage that occurred elsewhere is recognized in CA. Assuming the parties satisfy the CA residency requirements, their divorce will be conducted under CA law, just as it would be for all other lawfully married couples that are CA residents, regardless of where they were married. As for whether India will recognize a divorce judgment from CA, I can't speak to that issue.

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If your marriage is legal in the Country or State where it was performed, it is legal here. As California residents, your divorce would be handled under California law. There are no religious considerations in the law and community property laws would apply.

Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.

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