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?

UPDATED: May 29, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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