My wife and I are both Indian citizens but I am in the U.S. working on a visa while she is back in India.
Can I file for divorce in the U.S. if my wife lives in another country? Or must it be filed in India where we are both citizens?
The state I practice in (Michigan) will recognize a marriage that was legal under the laws of a different state or country and can grant a divorce from that marriage. However, India may require that you register the Michigan divorce decree in order to recognize that the divorce is valid in India.
In order to file for divorce in Michigan, a party must have lived in Michigan for at least 6 months, and in the county of filing for at least 10 days. If the other party is out of the country, the filing party must properly serve the summons and complaint under the Michigan Court Rules to ensure notice of the proceedings and an opportunity to defend against them. This is the requirement of due process.
Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance.
Cordell & Cordell represents men in divorce nationwide.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.