Legal Question in Family Law in California

I am in Indian citizen . Married with kid for 6 years.

We both are in US (h1-B visa) for the past 3 years. Can we get a divorce with mutual consent. What are the procedures? should we hire an attorney? Is it valid in India - We were married as per Special marriage act in INdia


Asked on 9/14/10, 10:59 am

1 Answer from Attorneys

If you have lived in California for six months, you can get a divorce here. If you are on good terms and cooperating, you can probably do the divorce without an attorney. Pick up a copy of How to Do Your Own Divorce in California published by Nolo Press and look through it. Then make an appointment with the Family Law Facilitator's Office in your county of residence. They will help with local rules and procedures.

As for whether the divorce would be recognized in India, I am not qualified to say, since that is a matter of Indian law. You would need to consult with a lawyer in India. Generally, though, most countries recognize the divorces granted by other countries, as long as all the rules of the country granting the divorce are followed.

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Answered on 9/21/10, 12:40 pm


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