Divorce proceedings across borders are not as simple as they are in the same jurisdiction. When one spouse lives in the USA, Canada etc. and another in India, you’re dealing with two completely different legal systems that don’t always play nice together.
The countries like USA and Canada follow common law with no-fault divorce options, while India operates under personal laws based on religion (Hindu Marriage Act, Muslim Personal Law, etc.). This creates massive headaches when trying to determine which country has jurisdiction.
And here’s the kicker—Indian courts might not recognize a US divorce decree if they believe they should have had jurisdiction. They’ll look at factors like where the marriage was performed, where the couple last lived together, and the domicile of both parties.
Think of service of process as the foundation of your divorce case. Skip this step or do it wrong, and your entire divorce could come crashing down.
Proper service ensures:
Singh Process Servers India holds strong experience of service of divorce papers in India. We have local resources in all the parts of India which helps us to complete the assignments in 3-4 working days. Before proceeding for process service, we clearly explain the instructions of our clients to the concerned process server. For instance, if the recipient is a working person, we make sure that service is attempted during now-working hours. Further, we depute the process server with desired skill set and experience in serving divorce papers.
The respondents and their family members generally show resistance in accepting the papers. We have also faced cases where they have become violent. In some cases, the respondents leave the country where the litigation is pending just to avoid the service and delay the process of law. In such cases, it becomes quite hard to serve the papers on them. However, the experience of our process servers has enable them to deal with such situations. Our long experience in the profession has helped us to maintain an impressive success rate of ninety percent.
If you have filed for divorce in the courts of USA, Canada, UK, Australia, New Zealand etc. and your spouse lives in the same country, you can choose from various modes of service depending on the jurisdiction. However, if your spouse has moved to any other country then you have to be careful while choosing a mode of serving of divorce papers. In the matters of divorce, the litigants mostly choose for personal process service which is quite fast as compared to Hague Service Convention which takes quite a long time.
