My wife is in India, am on H1B visa, Can I get divorce here in USA (IL)?

Question

My wife is in India, am on H1B visa, Can I get divorce here in USA (IL)?

Anonymous Dec 22, 2012 7 views 3 answers

Hi, I am on my H1B visa and got marriage in India in 2005. I came to US in January 2006 , later she joined with me in May 2006 . She slowly showing her behavior from there on words, and I tried to ignore lot of things thinking that all these are common in family life, in between she got pregnant, she tried to suicide two times , first time is in her 5th month & second time is in her 7th month, for both times the reason is money, she want me to get my portion of property from my parents and give it her father. She gave a birth to my daughter in February 2007. She went to India in August 2007 and never come back. Now she filed a case in police station. We tried to convince her thorough mediators, but no use. Is there any way I can apply divorce here in USA while she is in India?

Daniel Williams · Accepted Answer · 2026-06-15T10:41:10+00:00

People can file for divorce in jurisdiction that they qualify. However, you should talk to an Illinois attorney about whether it would be appropriate given property issues you present that may or may not be better adjudicated elsewhere.

Judy Goldstein · Accepted Answer · 2026-06-15T10:41:10+00:00

Yes, you can file for divorce here. You need to have your wife served in India. If you cannot get her served, you can still get your divorce but there will be certain matters that you cannot finalize. Speak with a divorce attorney who is familiar with serving people outside the US.

Jayson Lutzky · Accepted Answer · 2026-06-15T10:41:10+00:00

You can file for a divorce where either of you have a qualifying residence pursuant to local laws. Have an experienced local lawyer assist you.

My wife is in India, am on H1B visa, Can I get divorce here in USA (IL)?

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