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I got married in India with Indian rituals but marriage is not Registered. we separated 8 yrs back Can i legally remarry in USA?

Carpentersville, IL |

Me & my wife got separated 8 years back. I have filed for divorce in India but they are not appearing in Court and case has been going on since past 2 years. Our marriage was not Registered in India. If i want to Re-marry in USA, can i marry without getting Divorce from my ex wife? Is there any other way I can get one side divorce in USA for the marriage that happened in India? I am GC holder. Is it true that i can get married legally if i become US Citizen?

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Attorney answers 4


It depends on the law of India. I'm not sure, but I believe that you must register the Indian marriage for it to be valid. I've handled a several matters involving Indian nationals and Indian law but, still, I have to doubt myself, as apparently your attorneys in India have filed for a divorce. If the marriage wasn't valid due to the lack of registration, then there would be no need for the divorce.

You may divorce your first wife in the US.

You may legally marry in the U.S. as a GC holder.

So, it sounds like the best way forward would be to dismiss your divorce case in India (that has to happen before you proceed in the American family law courts) and then file a divorce case, here. Assuming it's fairly simple, you can probably be done in a few months. Then, once the divorce is done, you may remarry and teh second marriage will be valid.

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Can i file for divorce in USA even when my wife is in India? she has never been to USA and I alone came to USA after we got seperated in India.

Wes Cowell

Wes Cowell


Yes, you may divorce in the US even though your wife has never been here.


I would make sure you are divorced BEFORE you remarry in the US. You do not say where your spouse is living? In India? If so then finish the divorce in India. If your spouse is living here I would have my Indian counsel dismiss that divprce and then file in US. It seems you should consult with an Indian American lawyer who has knowlede of the Indian law in this area.

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This depends entirely on whether the law of India deems you to married when the "marriage" was not registered.


If the marriage was not properly recorded, it could be declared invalid. You need to either get a divorce or have the marriage declared invalid prior to any remarriage regardless of your immigration/citizenship status. These details should not be broadcast over the Internet.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.