Divorce in the USA for an Indian Couple—How Does It Work?

All You Need To Know About Divorce in the USA for an Indian Couple

Getting a divorce is rarely a breezy process—for most people, it’s stressful, expensive, demanding, and time-consuming. Complications often arise, especially if you’re filing for divorce in a foreign country.

If you are an Indian citizen wanting to get a divorce in the USA, you’re at the right place! In this article, DoNotPay provides the ins and outs of divorce in the USA for an Indian couple!

Common Reasons Why Indian Couples Get Divorced in the USA

India has the lowest divorce rate in the world. According to a study, out of 100 Indian marriages, only one ends in divorce. The most common reasons why Indian couples file for divorce in the U.S. include:

  • Adultery by either spouse
  • Domestic violence that one spouse inflicts on the other
  • Issues with the spouse’s parents
  • Financial difficulties (lying about money and hiding it from one another)

Laws on Indian Divorce in the USA

There are no specific U.S. laws that regulate Indian divorces. If you and your spouse are Indian citizens, you can file for divorce in the state where you live. To do that, you have to meet the state’s residency requirements. Consult the following table to explore residency requirements in each state:

StateResidency RequirementStateResidency Requirement
AlabamaSix monthsMissouri90 days
AlaskaBeing a resident at the time of filingMontana90 days
Arizona90 daysNebraskaOne year
Arkansas60 daysNevadaSix weeks
CaliforniaSix monthsNew HampshireOne year
Colorado91New JerseyOne year
ConnecticutOne yearNew MexicoSix months
DelawareSix monthsNew YorkOne year
District of ColumbiaSix monthsNorth CarolinaSix months
FloridaSix monthsNorth DakotaSix months
GeorgiaSix monthsOhioSix months
HawaiiThree monthsOklahomaSix months
IdahoSix weeksOregonSix months
Illinois90 daysPennsylvaniaSix months
IndianaSix monthsRhode IslandOne year
IowaOne yearSouth CarolinaOne year
Kansas60 daysSouth DakotaBeing a resident at the time of filing
Kentucky180 daysTennesseeSix months
LouisianaSix monthsTexasSix months
MaineSix monthsUtahThree months
MarylandSix monthsVirginiaSix months
MassachusettsOne yearWashingtonBeing a resident at the time of filing
Michigan180 daysWest VirginiaOne year
Minnesota180 daysWisconsinSix months
MississippiSix monthsWyoming60 days

Mutually Consented Divorce of Indian Citizens in the USA

A mutually consented divorce—uncontested divorce—is a quicker, cheaper, and less complicated option than the regular proceeding. By opting for this marriage dissolution method, you are waiving your rights to present the case in court. To get a mutually consented divorce, you and your spouse have to reach an out-of-court settlement and show the judge that you have:

  1. Agreed on matters, such as:
  2. Signed an agreement resolving issues regarding children:
  3. Not changed your minds about these issues between signing the settlement agreement and attending the hearing

You can file for mutually consented divorce in the U.S. as Indian citizens, but you should keep in mind that the decree might not be accepted in India if you decide to go back.

How To Apply for Divorce in the USA

As an Indian couple, you can get divorced in the U.S. without a lawyer or even going to court, but you should ask for legal assistance if you have any dilemmas.

In the following table, you can see the steps to filing for divorce in the U.S.:

Preparing the paperworkTo start the process of filing for divorce in the U.S., you need to collect the necessary divorce papers. You can usually find and download the forms from the government website of your state or county. Fill out, sign, and get the documents notarized. After that, you should make at least two copies of each form—one for your spouse and the other for your records
Filing the petitionFile the petition and other original documents with the court. You can do that by visiting the local clerk’s office or online if the state of your residence allows it
Serving divorce papersUnless you’re filing a joint petition, you’ll have to inform your spouse about divorce by serving them divorce papers according to your state’s regulations
Drafting a divorce settlement agreementYou cannot get an uncontested or mutually consented divorce without a settlement agreement. Don’t fret— to acquire a top-rate settlement agreement in a jiffy
Attending the hearingThe judge will examine your petition and settlement agreement during the hearing. If you meet the requirements and everything is accurate, they will issue a divorce decree to finalize the process

Uncontested Divorce in the USA Made Simple With DoNotPay

One of the most important uncontested divorce papers is a divorce settlement agreement. The purpose of this legally binding document is to show the court that you and your spouse have resolved issues on your own and that there’s no need for a trial.

The quickest and easiest way to obtain such a document is by using the world’s first robot lawyer—DoNotPay!

Here’s how to get a divorce settlement agreement swimmingly:

  1. Locate the Divorce Settlement Agreement feature
  2. Fill out our short questionnaire
  3. Specify if you need a notary

Once you receive a personalized ironclad settlement agreement, you and your spouse should sign and get it notarized. The rest of the process will run smoothly!

DoNotPay provides answers for numerous divorce-related questions, such as:

What Other Issues Can Our App Solve?

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DoNotPay Is Your Ticket to Simpler Life

Don’t bother going through complicated tasks alone—we are here to take care of them! Seek our help if you want to get in touch with customer service instantly, fax anyone online, or get your documents notarized. Besides providing these amazing services, DoNotPay can make preparations for your travel adventures by assisting you in getting passport photos at home and obtaining tourist visas.

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