Checklist for NRI, OCI divorce

Here are some general steps that Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) can follow to prepare for a divorce:

  1. Consult with a divorce lawyer: The first step is to consult with a divorce lawyer who is familiar with the laws in your country of residence and in India. They can guide you through the legal process and help you understand your rights and obligations.
  2. Gather financial documents: Make sure to gather all financial documents, including bank statements, investment account statements, tax returns, and property documents. This will help you understand your financial situation and ensure that you get a fair settlement.
  3. Consider custody arrangements: If you have children, you’ll need to think about custody arrangements. Consider what is in the best interest of your children and be prepared to negotiate with your spouse about custody and visitation.
  4. Consider property division: In India, property division is often governed by the Hindu Marriage Act, which divides property equally between spouses. If you have property outside of India, it may be subject to different laws. Be sure to consult with your lawyer about how to divide your property fairly.
  5. Prepare for court appearances: If your divorce is contested, you may need to appear in court in India. Make sure to obtain any necessary visas and travel documents and be prepared to attend court hearings.
  6. Consider alternative dispute resolution: If you and your spouse can’t agree on the terms of your divorce, consider alternative dispute resolution methods like mediation or arbitration. These can be faster and less expensive than going to court.
  7. Notify authorities and update legal documents: After the divorce is finalized, make sure to update any legal documents that may be affected, such as your will or trust, and notify authorities such as the Indian government or consulate about the change in your marital status.

Remember that divorce laws and procedures can vary depending on your country of residence and your citizenship status, so it’s important to consult with a lawyer who is familiar with your situation.

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