How do I file for divorce and send the paperwork to my husband in India for him to sign, if it is a contested divorce?

I am a U.S citizen and my husband is foreign. He is in India and cannot come to the US. My husband came here on B1/B2 visa. We got married here. Now he is in India and I want to file a divorce. He cannot come to the US because his visa has expired. How do I file divorce and send paperwork to his address in India. How does divorce process work?

Asked on May 29, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have resided more than six (6) months in the county and state where you are presently located, you can file a petition to dissolve your marriage with your husband in the county court house where your reside. As far as serving him with the summons and petition, you can send it certified mail return receipt requested, have him personally served (even in India) or if he is amendable to the divorce, he can sign a notice and acknowledgment of receipt concerning it, return it to you and you can then file it with the court.

I suggest that you consult with an attorney who practices family law to further assist you in your matter.


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