Hi guys, unfortunately my spouse on H4 has decided they can't live with me and wants to file for divorce. It's been only a year, and we don't have any kids. We never registered our marriage in US. H4 was granted based on Indian marriage certificate. Would we have to file for divorce in US? Would US law apply in terms of splitting assets? We live in California. Afaik, Indian law doesn't say anything about splitting assets, so I think I should only file for divorce in India... Any suggestions that help me keep my hard earned savings are appreciated. Thanks.
US law only asks to divide assets that are accumulated during the marriage not before. You will be fine. Get the divorce in US. India can become a big mess requiring travel and a lot of headache so may not be worth the savings.
Just don't go through divorce in California, make sure you proceed with it in India on a mutual understanding basis. Remember any community property/asset post marriage will be half and half (both sides)
Half in India?
Yes anything after marriage that you acquired is considered as community property and will be half between 2 irrespective of who earned it while in marriage. But remember the US doesn't have any jurisdiction on property in India but smartly the lawyer will give a Global settlement plan. Also remember that as per US any jewellery you would have given(while being in India) to your wife unless proved as proof of investment will be awarded to your wife as her sole property. Note that even if you go through a mutual separation your lawyer may charge at least 10 to 20 K USD(Personal experience) . In India my friend went through a mutual separation in 80K INR by hiring a lawyer who represented both. So plan your separation wisely and in a peaceful mind. Happy to help you further.
Have you established residency in USA? Then you are screwed Sorry mate But how much could you have earned in a year?
Absolutely make sure the decision is final on both ends. File for mutual consent divorce in India. Have out of court conversation on the settlement with the other party and pay it even if it is unreasonable. Unless you're too old, don't fight it and try to wrap up the formalities asap. Lost time in this is not worth it. This is the path of least resistance and time. Anything else will corrode you from the inside.
Go for annulment as it's a short duration and no kids.
What's the difference? How do you get annulment?
India - divorce process is too long. Law usually sides with the woman and you will have to make multiple trips. US - you only have to split assets earned/acquired during marriage, hopefully u can prove that. In addition, alimony depends on the length of the marriage and the difference between your n their income. I would say, easier and quicker to get it done in the US. US recognizes Indian marriages. Once you have your divorce here, its done. You can also file the US paper work in india once divorce is done to close it all there.
LOL you got played
Arranged marriage? Did you get laid off recently?
Op how will she stay in the US without visa? Or would she go back after the divorce ?
Did you try counseling