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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

Posted

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.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)

Posted

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.

Posted

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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