NRI Divorce
NRI Divorce Lawyer in India
Legal help for NRIs and OCIs living in the USA, UK, Canada, Australia, the UAE, Singapore and other countries who need a divorce in India, or need a foreign divorce to be valid in India.
✓ Mutual consent and contested divorce
✓ Appearance by video where the court permits
✓ Recognition of foreign divorce decrees
✓ Maintenance, custody and related cases
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Tell us which country you live in and where you married, and our team will call you back.
Your options
Types of Divorce in India for NRIs
Your divorce is usually governed by the Indian law under which you married, even if you now live abroad.
Mutual consent divorce
Both spouses agree to end the marriage and settle terms such as alimony, custody and property.
Filed under Section 13B of the Hindu Marriage Act, 1955, or Section 28 of the Special Marriage Act, 1954.
Usually requires the couple to have lived separately for at least one year before filing.
The six-month waiting period can be waived by the court in suitable cases.
Many courts allow a spouse abroad to join hearings by video.
Contested divorce
• Filed by one spouse on grounds recognised by law, such as cruelty, desertion or adultery
• The other spouse can oppose the petition and lead evidence
• Usually takes longer and may involve several hearings
• Related claims — maintenance, custody, stridhan — are often heard alongside
• Mediation may be ordered before or during the case
Our services
NRI Divorce Legal Services
Legal assistance may be required for:
How the process usually works
1. Consultation on the law that applies, the right court and your options.
2. Drafting the petition or reply, and a Power of Attorney if needed.
3. Filing in the family court with jurisdiction and service on the other side.
4. Counselling or mediation, if the court directs.
5. Evidence, arguments and decree — with appearance by video where permitted.
Documents usually needed
• Marriage certificate or proof of marriage
• Wedding photographs and invitation (if no certificate)
• Passport, visa and OCI documents of both spouses
• Address proof in India and abroad
• Details of children, income and assets
• Any foreign court orders or pending cases
A divorce petition in India can usually be filed where the marriage took place, where the other spouse lives, where you last lived together, or in some cases where the wife lives.
Wherever you live
NRI Divorce Help for Indians in Major Countries
We help NRIs and OCIs abroad with divorce proceedings in India and questions about foreign divorces.
Foreign divorce laws change and differ by country and state — please confirm the law where you live with a local lawyer.
Is a foreign divorce valid in India?
A foreign divorce is recognised in India only if it meets Section 13 of the Code of Civil Procedure, 1908.
The Supreme Court has held that the foreign court should have proper jurisdiction, and the divorce should be on a ground available under the Indian law under which the couple married.
A divorce granted ex parte, where the other spouse did not take part or consent, may not be recognised.
If recognition is doubtful, a fresh petition or a declaration may be needed in India.
Before you file abroad or remarry
• Check which Indian law governs your marriage
• Consider whether filing in India is simpler for recognition later
• Keep both spouses' participation and consent on record
• Resolve maintenance, custody and property together where possible
• Get advice before remarrying on the strength of a foreign decree
Resolve Your Divorce in India — From Wherever You Live
Speak to a divorce lawyer in India by phone or video and understand your options before you take the next step.
The information on this page is general and is not legal advice. Divorce law and procedure depend on your personal law, the facts of your case and the court involved — please consult a lawyer about your specific matter.