The weight of dissolving a marriage is heavy enough. Add an international layer, with your vows exchanged oceans away in India, and it can feel overwhelming. Maybe you’re feeling a knot in your stomach, wondering how US law applies to a union started under different traditions, or whether your assets are safe.

Take a breath. You’ve landed in the right place. At Law Offices Of SRIS, P.C., we understand that an international divorce isn’t just a legal process; it’s a deeply personal crisis. As a senior attorney who has guided countless individuals through these complex waters, I want you to know that clarity and control are within reach. We’ll cut through the confusion, address your deepest concerns, and help you forge a path forward.

I’ve Just Realized My Marriage is Over. What About Our Indian Wedding?

You’re probably thinking: My marriage happened in India. Does that even count here? Will a US court recognize it? Yes, for the most part, US courts generally recognize marriages performed in India if they were legal where they took place.

This is a foundational principle of international law: a marriage validly celebrated abroad is typically considered valid here. But that doesn’t mean the divorce process is straightforward. Different countries have different laws regarding marital dissolution, property division, and child custody. It’s not about whether your marriage is “real,” it’s about how its dissolution is handled when two legal systems intersect. My experience tells me that patience and meticulous preparation are not just virtues here, they are strategic necessities.

Where Can You File for Divorce? (Jurisdiction Explained)

Perhaps your biggest immediate question is: “Do I file in the US or India?” Generally, you can file for divorce in the US if you meet your state’s residency requirements, regardless of where you were married.

Each US state has specific rules about how long you must reside there before you can file for divorce. For example, in Virginia, you must live there for at least six months with the intent to remain. In Maryland, it’s usually six months or a year, depending on the grounds for divorce. The court needs to have what’s called “subject matter jurisdiction” (authority over the divorce itself) and “personal jurisdiction” (authority over you and your spouse). If one spouse still lives in India, establishing personal jurisdiction can be challenging, but not impossible. It’s like planning a journey; you need to know which map applies and if you have the proper visas for each territory. We’ll help you figure out the best jurisdiction to ensure your divorce is legally sound and enforceable.

What About My Assets in India and Here?

This is where things can get truly complex, and it’s often a major source of anxiety. Dividing assets acquired both in India and the US requires a deep understanding of two distinct legal frameworks and careful strategizing.

US courts can typically divide assets located within the US. However, getting a US court order enforced on property located in India can be incredibly difficult, or even impossible, especially if there’s no treaty or mutual recognition agreement in place. We often encounter complex situations involving ancestral property, investments in different currencies, and business holdings that span continents. My team and I have spent years untangling these kinds of knots. We meticulously trace assets, understand their true value in different markets, and negotiate strategies to protect what’s yours, whether it’s a home in Fairfax or an investment in Chennai.

Child Custody Across Continents: What You Need to Know

The thought of your children being caught between two countries is terrifying. US courts prioritize the child’s best interests when determining custody, but enforcing these orders internationally, especially with a parent in India, presents significant hurdles.

Conventions like the Hague Convention on the Civil Aspects of International Child Abduction can help if a child is wrongfully removed from one signatory country to another. India, however, is not a signatory to this specific Hague Convention, which adds another layer of complexity. This means US court orders for child return or visitation might not be automatically recognized or enforced there. We work tirelessly to establish robust parenting plans, understand the nuances of international parental rights, and fiercely advocate for your children’s well-being and your continued relationship with them. Having personally guided clients through countless international family law cases, I’ve seen firsthand the unique challenges this presents and the emotional toll it takes.

The Role of an Indian Divorce Lawyer in US Proceedings (No, We Don’t Practice Indian Law)

Let’s be clear: a US-based Indian divorce lawyer, or more accurately, an attorney experienced in international family law with a focus on US-India matters, doesn’t practice Indian law. Instead, they understand how Indian family laws and cultural norms impact your US divorce case.

This nuanced perspective is vital. We know when to bring in co-counsel in India if local expertise is required, but our primary role is to skillfully navigate the US legal system while being acutely aware of the international implications. We understand the specific documents needed, the potential for conflicting rulings, and how to effectively present your case to a US judge who may not be familiar with Indian marriage customs or property laws. We speak your language, both literally and figuratively, ensuring your story and your rights are fully understood in a US courtroom.

How Law Offices Of SRIS, P.C. Guides You Through International Divorce

When you’re facing something this significant, you don’t need platitudes; you need a steadfast guide who has been there before. At Law Offices Of SRIS, P.C., we provide comprehensive legal representation for individuals navigating divorce after a marriage in India, focusing on clarity, protection, and empowerment.

Our approach is centered on understanding your unique situation and crafting a strategy that works for you. We don’t just process paperwork; we anticipate challenges, mitigate risks, and fight for your future. From determining proper jurisdiction to complex international asset division and the delicate matters of child custody, we’re with you every step of the way. I always tell my clients, the goal isn’t just a divorce decree; it’s a foundation for your new life, built on stability and fairness.

Building Your Path Forward: Our Approach to Your International Divorce

1. Initial Confidential Case Review: We begin with a thorough discussion of your marriage, your assets both in the US and India, your children’s situation, and your goals. This isn’t a “free consultation”; it’s a focused, in-depth evaluation to understand the full scope of your case.
2. Jurisdictional Analysis: We meticulously examine residency requirements and potential filing locations to determine the most advantageous jurisdiction for your divorce.
3. Asset Identification and Valuation: Our team works to identify all marital assets, wherever they are located, and pursue accurate valuations, often working with international financial experts.
4. Custody and Parenting Plans: We develop comprehensive parenting plans that address the unique challenges of international co-parenting, always with your child’s best interests at heart.
5. Negotiation and Litigation: Whether through skilled negotiation or tenacious courtroom advocacy, we champion your rights to secure a fair and equitable resolution.
6. Enforcement Strategies: We explore all avenues for enforcing US court orders internationally or, conversely, defending against foreign judgments.

We know this is a deeply emotional time. Our commitment is to ease your burden by providing clear legal direction and unwavering support. Your peace of mind matters most.