Can I get a divorce in the US if I was married overseas? How? 10 Answers as of May 25, 2015

We are Indian citizens and married in India under Hindu marriage act. My wife is in India and she may not be attending the court here. Can I still get divorce in US? We only have one home, so how is the property shared, as she is not living in US anymore.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Assuming you meet the residency requirements(may be two years)in NY, you can get a divorce. Whether or not the Court in NY can deal with any marital property is a little more involved and without a fair amount of information, I cannot start to answer that, it will depend upon where you lived together as husband and wife and whether or not NY has a basis(or nexis)to exercise personal jurisdiction over her; although serve upon her will be another consideration. You should consult with an attorney who should be able to answer those questions and more.
Answer Applies to: New York
Replied: 5/25/2015
Peyton and Associates | Barbara Peyton
You can get divorced where you are a legal resident.
Answer Applies to: California
Replied: 5/22/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
As long as you are a resident of a state in the United States, you can file in the U.S. in the site in which you are a resident.
Answer Applies to: Pennsylvania
Replied: 5/22/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
If she lived in the US and you have property here, you can file here. It doesn't matter where you got married. You will owe her a portion of the value of your home if it was acquired or in any way paid for during the marriage.
Answer Applies to: Washington
Replied: 5/22/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Contact an attorney.
Answer Applies to: Michigan
Replied: 5/21/2015
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Generally a state court would have jurisdiction to decide a divorce case where either the plaintiff(you) or the respondent lives. Please consult with family lawyer for advise.
    Answer Applies to: California
    Replied: 5/21/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes, if you meet the residency requirement here.
    Answer Applies to: New York
    Replied: 5/21/2015
    Attorney at Law
    Attorney at Law | Frances An
    You can get divorced here if you are living here. Only one party has to live here. You will need to give her half of the equity in the home to buy her out of the home here, assuming her name is on the property.
    Answer Applies to: California
    Replied: 5/21/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The jurisdictional issues here can be complicated. This is not a question easily answered in this forum. You need to have an in person consultation with an experienced family law attorney so they can advise you in the best way possible after receiving all of the facts.
    Answer Applies to: Georgia
    Replied: 5/21/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally you are able to obtain a divorce in the state and county where you reside as long as you meet the residency requirements which in Michigan are six months.
    Answer Applies to: Michigan
    Replied: 5/21/2015
Click to View More Answers: