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Old 01-25-2017, 02:18 AM   #1
Rajarani
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Default Can my husband file divorce when i m not with him

My husband has abandoned me in India n went back to Us, can he file divorce in MN even if i m not there n if he file will i get the 50% share of his property amd alumini. What action should i take against him to take my rights n alumini .
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Old 01-25-2017, 08:12 AM   #2
Lexus
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Default Re: Can my husband file divorce when i m not with him

Your husband can file a divorce case in US without your presence. But he have to serve notice of the divorce petition to you in India. So that you can defend the case or can able to seek a stay. You have all the right to claim maintenance and share of properties from your husband.
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Old 01-26-2017, 05:09 AM   #3
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Default Re: Can my husband file divorce when i m not with him

You can also file for divorce in India if you wish before he files in the USA.
The courts in India would decide the issue if you file first.
It might be worth reviewing which jurisdiction will be most favorable to you (under your particular circumstances) if you can have legal counsel do that. And if you DO wish to divorce as well.
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Old 01-27-2017, 04:54 AM   #4
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Default Re: Can my husband file divorce when i m not with him

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Originally Posted by LJJ View Post
You can also file for divorce in India if you wish before he files in the USA.
The courts in India would decide the issue if you file first.
It might be worth reviewing which jurisdiction will be most favorable to you (under your particular circumstances) if you can have legal counsel do that. And if you DO wish to divorce as well.

Indeed if you know that divorce is inevitable you may want to consider filing in India before he files and serves you under US proceedings.
It will likely be easier and less expensive for you to handle it all in India.
But make sure you are entitled to assets and funds under the law in the best way possible whether in India or in the USA.
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Old 02-06-2017, 05:24 AM   #5
KenPatrick
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Default Re: Can my husband file divorce when i m not with him

Divorcing spouses are often concerned that courts will favor the “petitioner” (the spouse that files paperwork with the court asking for a divorce). In fact, the petitioner has no legal rights over the “respondent” spouse.

Moreover, because Minnesota is a “no-fault” state as compare to divorce in florida, meaning you don’t need to allege misconduct to get divorced, courts disregard claims of wrongdoing, unless they affect the best interests of the children. So, it won’t do the petitioner any good to trash the respondent in the initial divorce filing.

There is one advantage to being the petitioner. If the parties reside in different counties, the petitioner determines venue (location) by filing for divorce in the county of choice. Venue can be critical because judicial views on custody and alimony vary from county to county. The respondent can request a change in venue, but will need to show a good reason for the change.
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Old 11-12-2019, 03:31 PM   #6
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Default Re: Can my husband file divorce when i m not with him

I am also struggling with this INDIA-USA filing issue but I do appreciate the comments here, very helpful!!!
Thanks to all that left comments.
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Old 02-06-2020, 05:24 AM   #7
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Default Re: Can my husband file divorce when i m not with him

Yes your husband can file a divorce case in US without your presence. To know more or free assistance visit us at: https://www.davidsaxelaw.com/
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Old 02-07-2020, 12:56 PM   #8
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Default Re: Can my husband file divorce when i m not with him

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Yes your husband can file a divorce case in US without your presence. To know more or free assistance visit us at...
You're not much of an attorney if you can't figure out that the OP was here in 2017 and has never returned.
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