Legal Question in Family Law in Illinois

My daughter and her husband are Indian Citizens working in USA both with H1B visa. Their marriage took place in India in 2003. In 2009 my daughter moved out due to harassment by husband and his mother. In July 2012, her husband filed a divorce petition in Indian Court and got an ex-parte divorce decree in August 2013. No summons were received by my daughter. She came to know of the divorce case / order in June 2014 when she received notice from US Court on property division case filed by her husband. She planned to file a set aside petition in the same Court in India. Her US attorney advises her not to file any petition in Indian Court as it will bring forth jurisdictional issues. The attorney says she would get the divorce decree overturned in US Court as the ex-parte divorce decree had been obtained without due notice to her. What are the courses open to my daughter? Pl advise.


Asked on 7/11/14, 6:04 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

She can work with the attorney she has hired or she can hire a new attorney. Either way it is up to her, not you. I'm not going to second guess her attorney and unless you are an expert in matrimonal law and immigration issues, I strongly advise that you don't second guess him either.

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Answered on 7/11/14, 6:17 pm


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