Married in India, can we file for divorce in USA NC?

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Married in India, can we file for divorce in USA NC?

My husband is on H1B visa in USA and I am on H4
visa, currently residing with him in USANC. Got
married in December 2015 in India. Is it possible to
file divorce mutual in USA, if yes is it valid in India?

Asked on February 25, 2018 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The United STates recognizes valid marriages from other countries as valid here. Yes, you can divorce here so long as you meet the residency requirements of the state and county in which you reside.  But beware: once you divorce you lose your status and the H4 visa and you will have to leave the country or stay illegally and be subject to deportation. 


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