Q.1187 NRI Husband Indian Wife

- Easiest way to get mutual

divorce

Question: Hello, My case is a little complicated. I would like to start divorce proceedings and my husband is also ready for it. We are both US citizens with OCI cards. I am in India and my husband is in the States. He has OCI status through his marriage to me. I realize that divorce through mutual consent is the best way but I don't want to wait till he comes back to India. He is an OCI card holder through marriage to me and he is hesitant to file for divorce because it will affect his oci status. And to be honest, I don't want him back in the country...I've had enough! He doesnt have any family here so I cant send divorce notice to anyone here. Is it possible for me seek ex- parte divorce decree? Thanks a ton! Answer: Regarding your husbands OCI status, kindly be aware that when a foreign spouse applies for OCI on the basis of their spouses Indian status, both spouses are required to submit a joint declaration whereby amongst other things they state that: ‘In case of separation/ divorce, the OCI card to be issued in favor of Mr. /Mrs. --- (full name) --- ----- will be returned to the Embassy for cancellation’ Assuming there is no child involved, the easiest method of divorce is to get an uncontested divorce in USA. Both parties mutually agree to all aspects of their separation and divide assets in a manner they both agree to. File the applicable forms for dissolution of marriage and after a few months of waiting period the court will finalize the divorce. A lawyer can file these for you and usually if documents are in order neither spouse is even required to show up in court. An ex-parte divorce decree in India is not straight forward as it can always be challenged. Such a divorce may also be challenged in USA. Seek legal advice before deciding the course of action to take.