Spouses in the US can obtain a mutual consent divorce in India under section 13B of the Hindu Marriage Act or the Special Marriage Act without both travelling repeatedly. Petitions are signed abroad and filed through counsel, and many family courts record statements by video. The six-month waiting period can sometimes be waived. Contested divorces are possible too, but take longer, and a US decree may not be recognised in India if the other spouse did not participate.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from the USA: how it works
For a mutual consent divorce, we draft the joint petition and settlement terms covering alimony, stridhan, property and any child arrangements. The spouse in the US signs before a notary with an apostille, or at an Indian consulate, and executes a power of attorney for an attorney holder to handle filings. Courts in Punjab, Haryana, Delhi and several other states have permitted video appearance for statements in suitable cases, following the Supreme Court's guidance in Amardeep Singh v. Harveen Kaur (2017) that the cooling-off period can be waived.
If your spouse will not consent, a contested petition in India is filed where the marriage was solemnised, where the parties last lived together, or where the wife resides. Expect objections on jurisdiction if you have spent years in the US. Before travelling, check whether any criminal complaint has been filed, because Look Out Circulars are sometimes issued against NRI spouses. Any settlement should also be considered against US divorce proceedings, so property and custody terms do not conflict across the two courts.
What clients in the USA should know
- A US divorce on irretrievable breakdown against a spouse who never appeared may not be recognised in India under Narasimha Rao (1991).
- US immigration status of a dependent spouse on an H-4 visa can be affected by divorce, which shapes settlement timing.
- India is not a party to the Hague Child Abduction Convention, so custody disputes across the US and India are decided on the child's welfare.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the USA where needed.
The full guide
This page covers what changes when you are in the USA. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in the USA and the Cross-Border Family Law practice area.
Questions from clients in the USA
Can we divorce in India if we both live in the US?
Yes, if the Indian court has jurisdiction, typically because the marriage was solemnised there. Both spouses must consent for the quicker route.
Do I have to fly to India for the hearing?
Not always. Many family courts now allow video appearances for consent statements, though the court decides case by case.
Is a US divorce decree enough to remarry in India?
It may not be if it was granted without your spouse participating on a ground not recognised by the law you married under. Take advice before relying on it.