With the influx of professionals from all over the world coming to New Jersey to live/work in the NYC metro area, one of the largest groups are Indians. With my Indian clients, they tend to be concerned about obtaining a divorce in New Jersey that is also valid in India. The India court system and the divorce courts are much slower and in my view archaic. This does not mean that lawyers in India are archaic at all, in fact they are very professional and responsive. The reason I bring this up is that filings in India get complicated and can include more people than just the spouses and can get real ugly, real fast. This is why some Indian clients prefer to obtain their divorce in America, in my case New Jersey and have it honored/registered in India.
While I do not practice in India, I do have general information that I obtained from lawyers in India as I have many Indian clients in New Jersey. You should always consult with a lawyer in India about registering an American Divorce in India. From my experience as a divorce attorney in New Jersey, here are my five tips in having your divorce honored in India:
- If both parties mutually agree on the terms of the divorce, the divorce will be honored in India in most cases.
- If the parties do not agree, you must use a cause of action/grounds for divorce that match grounds for divorce in India (extreme cruelty is an example that is accepted in India).
- When dealing with property in India and property rights, an Indian court may not enforce the American Divorce Terms in India. It makes more sense to take a certain amount in the United States than face an uncertain court in another country that may never honor it.
- It is better to fight the divorce battle on one front rather than on two fronts where the cost will grow and the stress will also become unmanageable.
- American courts are more efficient and will enforce the terms of the agreement to the fullest extent of the law.
While this is a brief synopsis on having the Indian courts honor a New Jersey/American Judgment if you so choose to because of the potential for damaging/endless litigation in India. If you have a divorce case in New Jersey and seek experienced, professional counsel, contact our team on 201-706-7910 today or fill out our contact form below.