Family Law

Family law

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation of divorce, annulment and child custody and consequent legal proceedings.

They have option of filing divorce case in India. But, the biggest problem they face is direct interaction with his/her prospective Divorce Attorney to understand the complex issues of tarns-border divorce cases and NRI Divorce Laws, etc. We at Rai & Associates have expertise in this area of Divorce which involves NRIs, etc. We understand that time is essence and attending Court hearing is expensive as well as time consuming. We offer our specialized services and represent the client before the Court. We know the art of trade to keep the attendance of client in Court to minimum one or two during entire contested divorce case. We have achieved the unique distinction of getting the Divorce by Mutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.

We provide complete and regular update to client about the development of the divorce, annulment, child custody cases. We are just a call or e-mail away. Our time structure is also tailor-made to address the issues of NRI Legal Services. We have achieved commendable success in NRI’s Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.

WE PROVIDE FAMILY LAW ADVICE FOR FOLLOWING

Matrimonial Services
  • Marriage related assistance such as solemnization as per different laws, court marriage and as per the Arya Samaj Rules and registration thereof as has been made mandatory now.
  • Assistance in getting the non impediment certificates for the purpose of marriage with a foreign national.
  • Divorce proceedings, both mutual as well as unilateral which includes drafting and representation both before the concerned courts and appeals arising thereof.
  • Counselling sessions in family related matters before divorce and mutual separation.
  • Drafting of petitions relating to other family related issues apart from divorce like judicial separation, restitution of conjugal rights, partition of property and further representations thereof.
  • Resolution of cases arising out of domestic violence and dowry harassment.
  • Child custody, paternity issues.
Inheritance & Estate Planning
  • Assistance in drafting of wills and codicils for various clients under different laws and registration of the same.
  • Assistance to clients in drafting of gift deeds and registering the same.
  • Drafting of relinquishment deeds, family settlement agreements, and partition deeds for various clients and assistance in the registration process.
Probate/Letters of Administration/Succession Certificate
  • Represent the clients, both domestic and NRI’S before different jurisdictional courts for obtaining probate of the will, letters of administration and succession certificate.
Ancillary Probate
  • Represent the foreign national clients for obtaining ancillary probate on a will already proved and probated by a foreign court of competent jurisdiction.
  • Adoption: inter-country and in country adoption both as per the CARA guidelines and as per the personal laws.
  • Assistance to NRI’s in resolving matrimonial disputes, alimony issues and dowry harassment cases pending before various courts throughout the country.
Surrogacy Assistance
  • Draft and review of the contract between the surrogate mother and the intended parents and agreement between the intended parents and the egg donation centre in India.
  • OCI surrogacy, NRI surrogacy, exist visa surrogacy, FRRO surrogacy and terms and conditions of the contract pertaining to surrogacy.
  • Advisory services provided with respect to the surrogacy law in India and review of terms and conditions of the surrogacy agreements such as financial terms and so on.
  • Tripartite agreement between the surrogate, hospital and the intended parent

How We Can Help With Your Family Issues

FAMILY LAW matters requires compassionate lawyer having ability to listen, patience to absorb and act as your guide and philosopher besides being subject matter expert with highest credentials. We are way ahead in this field of law. Our credibility and expertise is a matter of admiration in all courts. Rai & Associates being one of the premier full service law firms having requisite experience in resolving disputes relating to inheritance and matrimonial issues including divorce, child custody, maintenance, and marriage in an effective manner. Rai & Associates has a team of dedicated legal professionals with requisite experience providing creative solutions to the aggrieved party in a timely manner. The lawyers of the firm represent the clients before the Supreme Court, all High Courts, District Courts, forums, commissions, mediation centres and many more.

Our Family Law attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper information and documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all forms and documentation.
  • Communicate with you throughout the process.
  • Monitor the entire legal process.

Family Law Attorney Experience & Responsiveness that Makes a Difference. Our Family Law Attorney Pledge:

  • 100% commitment to processing your all legal aspects related to Family Law quickly & successfully.
  • Strong Family law attorney experience & knowledge.
  • Open Family Law Attorney communication & responsiveness is among our top priority.
  • Highest level of Family law Attorney service at an affordable FLAT rate.
  • Some Family law applications and case documents can be submitted in as little as 1-2 weeks.
  • To discuss your case call: (415)-693-9131 or Mail Us.
Something very important you may want to know

Frequently Asked Questions

  1. 1
    Does the NRI have to stay in India till the divorce is final?

    In any case, it is not necessary for you to stay in India until the case gets over. You can execute a Special Power of attorney in favour of another person after the presentation of the plaint. But for giving evidence, it is critical that you come to India. For a mutual consent divorce, you need to be present on the day of judgement too.

  2. 2
    How to get a divorce in the foreign country where you reside?

    In case you want to get a divorce in the foreign country where you reside, it must be a mutual consent divorce. The Indian legal system does not recognise Ex party divorce orders, i.e., where only spouse participates. You can apply for a divorce according to the foreign marriage law prevailing in the country where you reside. Afterwards, you need to seek a declaration in accordance with the Family Courts Act to make the foreign judgement valid in India. This declaration can be sought only in the family court which has the jurisdiction to try the case.

  3. 3
    What are the legal grounds for obtaining a divorce?

    The grounds for divorce depend on the state, and may be based on no-fault or fault. A no-fault divorce is available in some form in all states; many states also have fault-based grounds as an additional option. A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common bases for no-fault divorce are “irreconcilable differences,” “irretrievable breakdown” or “incompatibility.” Another common basis for no-fault divorce is that the parties have lived separately for a certain period of time (varies from state to state) with the intent that the separation be permanent. The list of grounds for a fault-based divorce may include: adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one’s spouse with venereal disease.

  4. 4
    Who determines how assets are divided in a divorce?

    Generally, spouses are free to divide their property as they see fit in what is called a “marital settlement agreement,” which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. Laws vary from state to state. As a starting point, many states allow both parties to keep their “nonmarital” or “separate” property.

    In dividing marital or community property, the laws vary from state to state. Some states are community property states. Some states, such as California, believe that marital property should be divided equally unless a premarital agreement specifies otherwise. Most states, however, apply the concept of “equitable distribution,” which means the court divides the marital property as it thinks fair. That division may be 50-50 or something else. Some of the factors considered include: the amount of nomarital property each spouse has; each spouse’s earning power; services as a homemaker; waste and dissipation; fault; duration of the marriage; and age and health of the parties.

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