How is spousal support enforced back home?

[foton24]

Hello,

Like many others, going through separation with wife after 5 years of mental torture. Wife is in India for over an year now. The usual story of wife unwilling to divorce amicably and will file multiple cases in India misusing the law.

Attorneys in US and also in India were advising to take divorce in US. I spoke to many lawyers and all said divorce is not an issue. But there are 2 unknowns that they don't have answer to:

1. If marital assets are to be divided when together, how can US judge enforce alimony to the wife who is in India, and can't come back to US?

2. How to serve summons to wife in India? Yes, there's Hague convention, but would registered post be enough?

 

I understand this is not legal forum, but can someone point me to good family attorneys with international family law expertise in US? My local attorney council in US could not point to anyone who is an expert to answer above questions. Any help appreciated. Thanks!

 

 

[foton24]

I reached out to other local lawyers. None of them have any idea of how they would serve the summons to India. From further searching, looks like via Hague convention it takes close to an year to send and receive a return receipt. Knowing that US divorce is not enforceable in India, can the notice be served via certified mail?

[JoeF]

US divorces are recognized in other countries, include India, just as marriages are recognized across countries.

[cap-gap]

On 5/30/2018 at 9:55 PM, JoeF said:

US divorces are recognized in other countries, include India, just as marriages are recognized across countries.

Not always..particularly like this case..from the post it seems that the wife can not come to US courts to attend the proceedings..Indian courts have already ruled that when one of the parties didn’t get a fair chance of representation in foreign countries, that party will get their opportunity in Indian courts..

Same with marriages too.. certain marriages in some countries are legal ( b/n cousins or second wife etc) but they are not legal in US..

 

[JoeF]

Sure, but things like marriages between cousins are medically bad. So, there is a scientific reason to disallow that. If some countries don't understand science, their problem.

And anybody would be hard-pressed to argue that there isn't a fair chance of representation in divorce proceedings in Western countries.

 

[pontevecchio]

GOOGLE International Divorce Lawyers and you will have a ton of choice. What is your status here?

 

[foton24]

On 6/1/2018 at 12:54 PM, pontevecchio said:

GOOGLE International Divorce Lawyers and you will have a ton of choice. What is your status here?

 

Yes, did that and even more confused. Apparently, there is a legal way to serve summons (Hague convention) and there is not so legal way (personal service in India). The latter only applies if the opposite party can't contest. Legal way takes 9-12 months just to get the acknowledgement of affidavit of service. I have a GC now.

Ironically, I am reading news today that NRI's passports will be cancelled if they don't show up in India for summons. If I do show up, I will be locked down by in laws. Can they do that to me, after 5 years of marriage and all? What protection does NRIs have who are mentally tortured by psycho spouses when together and now in India?