Q: The divorce process for Indian citizens and Florida residents married in India, staying separated for the past 5 years.
My name is Kumar, I am from India currently staying in Tampa Florida for the past 2 years.
I got married in India in 2014 based on the Hindu Marriage Act of India. My wife was abusive, violent, and disrespectful from day one of the marriage. I tried my best to save the marriage but couldn't. We are not together for the past 5 years. She is not willing to give a divorce. We have a son who is 4.5 years and he is not getting good care because she is not letting me bring him to the USA or take care of him.
Getting a divorce in India for men is almost impossible. Please advise if I can file for a divorce from Florida as a Florida resident and will still be valid in India? What are the process and challenges which I might face?
A: If you have lived in Florida for more than six months then you can get divorced here. It sounds, however, like your child still lives in India. If that is the case then the Florida court would not address any issues regarding the child. You can get a final judgment of divorce here but you would still need to litigate any children's issues in India, where the child lives. Speak with a local family lawyer for more specific advice.
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