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Assets in India during divorce

Atlanta, GA |

My wife counterclaims for equal distribution of property in contested divorce.All of my assets are in India.How can US court divide my assets which are in India?

I am plaintiff with help of attorney filed contested divorce in court.Will my attorney save me from court by arguing with defendant counterclaims are false?Is best option to dismiss the divorce case?

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Attorney answers 3


Assuming that you are subject to the jurisdiction of Georgia's courts, sure they can. Your post makes it obvious that you ghave made the horrific mistake of not having counsel. Spend Monday hiring a lawyer.

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The court could issue a money judgment which your spouse could possibly domesticate in India. Also, the court could order you to make a certain division of assets and put you in jail if you refuse. Those are a couple of methods. Of course, an important question is whether they are marital assets and thus whether they are an issue in your case.


The most important issue to determine is whether your assets in a India are marital assets. If so, the court may award the assets to your wife. Marital assets are divided equitably based on the facts of your case, which in most cases is approximately 50/50, but not always. You should seek guidance from an attorney that has experience with divorces involving assets located abroad. If you can show the assets are your separate property, the assets may not be divided. Good luck!

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