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How can I get a divorce if I got married in India. I have residency in Georgia for last 2 years and he lives in India?

Atlanta, GA |

What is the process, and how long will it take to get divorce if:
1. He agree to sign divorce papers
2. He will not agree to divorce sign

If he agree to sign papers and send them back to me from India, how long will it take to complete divorce?

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Attorney answers 5

Posted

You will have to file a case in the place in which you or your spouse have legal residency for the required time. How long it will take will depend upon a number of factors, not the least of them being the location of the filing.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Posted

Pick a place based upon residency of either party. quicker if he agrees to sign, longer if he does not sign. Speak to a local divorce lawyer to find out what the current backlog is?

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

In Georgia you may file for divorce if you are a resident for six months prior to filing. Whether he agrees to a divorce is not pertinent. Whether he agrees to a division of marital assets is another matter. Agreements between the parties to the disposition of assets and liabilities certainly makes the divorce process easier.

This answer is for general purposes only and does not create an attorney/client or confidential relationship which can only be created by a written and signed retainer agreement.

Asker

Posted

If he agree to sign papers and send them back to me from India, how long will it take to complete divorce?

David Mark Kupsky

David Mark Kupsky

Posted

With a consent on all issues, an uncontested divorce can be taken as soon as 31 days after service of the divorce papers.

Asker

Posted

Ok, thank you, how much does it cost?

David Mark Kupsky

David Mark Kupsky

Posted

It would be best to discuss this in person. Please call my office 678.401.8894. I would be happy to provide a free consultation.

Posted

If he will agree and sign, you can potentially get divorced in 31 days. Not having his signature will add significant time and expense. My office can certainly help you, and a lawyer is certainly going to be a good idea. My number is 404-768-3509 if you have any questions.

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). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. 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. 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.

Asker

Posted

How much longer? If he just not reply, what time frame we are talking about?

Glen Edward Ashman

Glen Edward Ashman

Posted

Him not signing complicates things. While you can file in Georgia, service must be under Indian law, and they require a great deal just to serve the case. As of August 1, 2007, the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters is in force between the United States and India. Requests for service of process on persons or entities located in India, utilizing the USM-94 form should be sent to the Indian Central Authority for that Convention. Contact and practical information regarding requests for service of process in India may be found on the Hague Conference website. India has made a reservation to the Convention objecting to service of process by mail, or directly through judicial officers in India without the involvement of the Central Authority. Service in India is very expensive. Many process servers there charge over $1000 for a service that would cost $50 in Georgia.

Asker

Posted

Ok, thank you. If he will agree to sign - how much would service cost?

Glen Edward Ashman

Glen Edward Ashman

Posted

Then it's free. The form would be part of what your lawyer would draft.

Posted

The fact that the marriage took place in India is irrelevant. You can bring the divorce action in Georgia in the county where you live. Since you have lived in Georgia for two years, you meet the residency requirement for filing in this state. It does not matter whether your spouse has ever stepped foot in Georgia, you can still sue him/her for divorce. Once the case has been filed an immediate concern for the court is whether your spouse has been properly served with the divorce paperwork.
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty which was signed in The Hague on 15 November 1965 by members of the Hague Conference on Private International Law. It allows service of process of judicial documents from one signatory state to another without use of consular and diplomatic channels. The Convention was ratified by only 22 countries. India ratified the treaty on 23 November 2006, which means there is an accepted international standard for service on your spouse because he/she lives in India, a signatory state.
If you can convince the court that you have properly served the defendant you will then have to have the court address the issues of child support and division of property. This issue could be rather tricky. The short answer is that the court has much more authority to make rulings on the children and property of the marriage that are in its jurisdiction of the court than if the property and children of issue of the marriage are out of the country.
Whether you decide to hire an attorney is entirely up to you. If you have children or marital property of any value it is probably best to seek the representation of an attorney with experience in international family law disputes to address the issues that are likely to come up. If there are no children and little or no marital property I can understand how it could be hard to justify using an attorney to handle this matter. The law is a luxury product (i.e. it’s expensive) even so in your case it’s probably wise to seek the advice of an attorney that you have paid to review the matter. By way of analogy, suppose you had a 1971 Ford Pinto, I doubt it’s worth the money to invest in the installation of leather seats and a DVD player at this point; it is not going to help resale. However, any time you have an international family law problem that could possibly result in a negative immigration impact for you or your family it’s probably best to spend the money and change the gas tank on the Pinto as the consequences for such a failure could be catastrophic. (Google Pinto and gas tank explosion if you are under 35.)
I could imagine a situation where you tried to get a divorce from your spouse and it was not legally binding because of service issues. It may never come up again but if you get remarried to another person from India, and the divorce you filed is invalid, you may have problems getting a visa for your new spouse when the first spouse calls the state department to say that you never divorced her.
Hope that helps.