Divorce lawyer for NRIs in the USA
Married in India, living in the United States? You can usually deal with the Indian side of a divorce without flying home. Advocate Aayush Agarwal works with clients in the Eastern, Central, Mountain and Pacific time zones.
Your options: file in the US, in India, or both
Every US state allows a no-fault divorce, but most require one spouse to have lived in the state for a set period before filing, often several months to a year. A US decree does not by itself end an Indian marriage for Indian purposes, and the Supreme Court in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) held that a foreign decree is recognised only if it meets conditions of jurisdiction and merits. Many couples therefore plan the US and Indian cases together.
Papers: notarise, then apostille
Documents for India are signed before a US notary and then given an apostille by the Secretary of State of the state where the notary is commissioned. Both countries belong to the Hague Apostille Convention. Rules and processing times vary by state, so ask us before you sign.
What is different for US couples
- Immigration status — an H-4 dependent or a conditional green card holder can be affected by the timing of a divorce. Take advice from a US immigration lawyer as well.
- Spousal support in the US and maintenance in India — both can be claimed, and each court will look at orders already made.
- Children — India is not a party to the Hague Convention on international child abduction, so plan travel and custody carefully.
Staying in touch across time zones
India is 9.5 to 13.5 hours ahead of the US. Calls are set for your evening or early morning, and WhatsApp keeps documents moving in between.
Our offices
Head office — Meerut
GF-271/5, Jagriti Vihar Extension-11,Meerut, Uttar Pradesh 250001
Directions on Google Maps · Justdial listing · Google Business Profile
Branch office — Gurugram
LGF, R13 SG 92-2, SG City, Sector 92,Gurugram, Haryana 122505
Office hours: Monday–Saturday, 10:00–19:00. Phone and WhatsApp: any time.
Useful guides
Frequently asked questions
Do I have to travel to India for my divorce?
Usually not. A Special Power of Attorney and video hearings cover most steps, and we tell you in advance if any stage needs you in person.
My US divorce is already final. Is my Indian marriage over?
Not automatically. An Indian court examines a foreign decree and may not treat the marriage as ended. Speak to us before you remarry or apply for visas based on the decree.
Which state residency rule applies to me?
The state where you file in the US. That decision is for your US lawyer, and we coordinate so the Indian case is consistent with it.
How long will the apostille take?
It depends on the state and the method of submission, from days to a few weeks. Start early.