Cruelty in No-Fault State: What Indian Nationals in the USA Should Know
Many Indian couples living in the USA often wonder “Can I file for divorce based on cruelty or adultery if I live in a no-fault state?”
The answer: Yes, but it works differently in the USA
Even though most US states follow the No-Fault Divorce system, bringing up Cruelty in No-Fault State can still help you protect your money, your children, and your future.
Let’s break this down in simple words.
What is a No-Fault Divorce?
In a No-Fault Divorce, you don’t have to prove that your spouse did something wrong.
You just need to say the marriage is broken beyond repair that’s called “irreconcilable differences.”
This is the most peaceful and fastest way to end a marriage.
But sometimes, you may still want to show that your spouse was cruel, abusive, or unfaithful because that can affect alimony, custody, and property division.
Can You File for Cruelty in a No-Fault State?
Yes, you can mention cruelty or adultery even in a no-fault state.
This is called a Fault-based claim inside a No-Fault Divorce and it’s often a smart move.
Even though the court won’t stop the divorce, it can consider the misconduct while dividing money or deciding child custody.
How Does Cruelty Affect Alimony or Property Division?
If you can prove Cruelty in No-Fault State, the judge may:
- Give you higher alimony (spousal support)
- Deny alimony to your spouse if they were at fault
- Award you a larger share of marital property, especially if your spouse wasted money or caused emotional harm
- This is a big help for many Indian spouses in the USA who depend financially on their partners.
Does Cruelty Affect Child Custody?
Yes, if cruelty includes violence, emotional abuse, or toxic behavior that harms your child’s well-being.
In such cases, your child custody lawyer can present this as evidence. Judges usually prefer giving custody to the parent who provides a safe and stable home.
What About Indian Law and the Bharatiya Nyaya Samhita (BNS)?
Under Indian law, especially the Hindu Marriage Act (Section 13), Cruelty and Adultery are legal grounds for divorce.
Even though adultery is no longer a crime under the new Bharatiya Nyaya Samhita (BNS), it remains a valid reason for divorce in India.
So, if you are an Indian national in the USA, evidence of Cruelty in No-Fault State can also help your india lawyer handle related cases in India like domestic violence, child custody, or property division.
Practical Tips for Indians in the USA
- Save Evidence: Keep proof of messages, emails, or money misuse.
- Hire a Good Lawyer: Work with indian divorce lawyers near me and immigration indian lawyer near me for cross-border issues.
- Be Strategic: Even in No-Fault States, showing cruelty helps in negotiations.
- Protect Your Kids: If abuse or neglect exists, bring it to your family law attorney immediately.
- Plan Cross-Border: Evidence from the USA can be used in Indian courts with help from your attorney in India.
In US case Boddie v. Connecticut (1971), the Supreme Court allowed states to set divorce procedures but confirmed everyone’s right to access courts.
In India, HMA Section 13 still recognises cruelty as a ground for divorce showing how both systems protect individuals from marital harm.
Highly Searched FAQs
Q1. Can I use cruelty as a reason for divorce in a No-Fault State?
Yes. You can raise it to influence alimony, property division, or custody, even if your state doesn’t require it to grant the divorce.
Q2. Does proving cruelty give more alimony?
Often yes. Judges may give you higher alimony or deny it to your spouse if they were abusive or unfaithful.
Q3. Is adultery still a crime in India after BNS?
No. Adultery is no longer a crime, but it’s still a valid reason for divorce.
Q4. Can US divorce evidence help my case in India?
Yes. Your india lawyer can use USA based cruelty or adultery evidence in Indian family courts.
Q5. What if my spouse’s cruelty affects my visa?
Contact an indian immigration lawyer near me or immigration attorney in India for help maintaining visa status.
Q6. Does cruelty affect child custody?
Yes, if it impacts the child’s emotional or physical safety, judges prefer custody with the non-abusive parent.
Q7. Do I need lawyers in both countries?
Yes, especially for cross-border cases. Hire a family law attorney in the USA and an attorney in India.
Outlook
Even in a No-Fault State, showing Cruelty or Adultery gives you more legal strength.
It helps you protect your finances, child custody rights, and dignity.
For Indian nationals living in the USA, working with the right lawyers in both countries ensures a smoother, stronger case.
About LawCrust Legal Consulting
LawCrust Legal Consulting is a top-tier Law Firm Services & Legal Consulting Company. We specialise in helping Indian clients in the USA with divorce, custody, and immigration legal matters.
Many Indian nationals living abroad have successfully resolved their legal challenges with our expert family law attorneys, immigration lawyers, and cross-border legal experts.
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