How to File for Divorce in Nepal from the United States (USA)

Many Nepali individuals residing in the United States (USA) have been choosing it as their destination to work, settle, and enhance their careers. It is common for Nepali couples to get married in the USA, some of them incorporating full Nepali culture and traditions into their ceremonies. However, instances arise where people express significant dissatisfaction with their marriages. Have you ever wondered how to get a divorce in Nepal from the United States (USA)?

Getting a divorce in Nepal from the USA is not a complex process. The couple does not have to be physically present, and before delving into the procedure, it's crucial to understand the types of divorce.

Types of Divorce in Nepal

1. Divorce by Mutual Consent: In this legal process, both spouses agree to end their marriage amicably. They work together to reach an agreement on various aspects of the separation, including property division, financial support, child custody, and visitation rights.
2. Divorce by the Court Order: This legal process involves one spouse filing a divorce petition, and the other party either contesting or opposing the divorce. Unlike mutual consent, contested divorces arise when there is a disagreement on one or more key issues related to the divorce.

If you are in the United States (USA) and want to get a divorce by mutual consent or by court order, you need to follow the procedures prescribed by Nepalese law.

How to File for Divorce from the United States (USA):

In situations where you cannot physically appear in court for a divorce filing, you have the option to appoint a representative. This representative can be a trusted friend, family member, a recognized legal practitioner, or someone you have full confidence in. Legally, you must provide this individual with power of attorney to act on your behalf. Once appointed, the power of attorney will assume responsibility for court appearances, document submissions, and other procedural tasks on your behalf.

What is Power of Attorney?

A power of attorney (POA) grants one or more individuals the authority to act as your designated representative or agent when you cannot be present or are unable to make decisions due to mental or physical incapacity.

Responsibility of Power of Attorney in Conducting the Divorce Process

The power of attorney must make themselves available at the Embassy of Nepal situated in the United States (USA). After the power of attorney appears at the Embassy of Nepal in the USA, you should sign the document to assign that person with the power of attorney. The person to whom the power of attorney is being assigned should sign and declare themselves as an authorized person to act on your behalf. The power of attorney then comes back to Nepal to represent you in court. During court proceedings, the power of attorney has the authority to sign any legal document concerning divorce on your behalf.

Required Documents for Assignment of Power of Attorney

1. Citizenship certificates of the applicant and the recipient of the power of attorney, in original and copy.
2. Legal document prepared for granting Power of attorney.
3. Marriage Certificate of the applicant.
4. Passport-sized photographs (2 each of both applicant and recipient)
5. Details of properties and assets to be contested

Note: The application for the power of attorney must be signed in the presence of two witnesses.

Property and Asset Division

The power of attorney will discuss and agree upon the division of properties and assets with the other party or their representative. If an agreement cannot be reached, the power of attorney can allow the court to decide.

Certificate of Divorce

When the divorce is granted by the court, the applicant shall receive a Certificate of divorce from the court, concluding the divorce proceeding.

Benefits of Getting Divorce in Nepal for a Nepali Couple Living in the United States (USA):

• Usually, the cost of divorce proceedings is comparatively less expensive in Nepal than in the USA.
• Following the laws and procedures of the USA for getting a divorce can be complex and unfavorable for Nepali couples. Getting a divorce in Nepal helps avoid this complexity.

In conclusion, navigating divorce proceedings from the United States (USA) to Nepal is facilitated by appointing a Power of Attorney. Whether through mutual consent or court order, understanding the process ensures a smoother transition through this life-changing event.

Frequently Asked Questions:

Do I Need to Travel to Nepal for Divorce?

No, physical presence is not required. A Power of Attorney can represent you in Nepal.

How does the process of divorce differ between mutual consent and court order in Nepal?

For mutual consent, assign a Power of Attorney for application submission and process conclusion. In case of disagreement, file a divorce case in the court of Nepal for a court-ordered divorce.

How can I initiate the divorce process in Nepal without being physically present?

Assign a trustworthy individual or lawyer as a Power of Attorney to act on your behalf.

How to Assign Power of Attorney from the United States (USA)?

• Choose a trusted person.
• Visit the Embassy of Nepal in the United States (USA) to assign Power of Attorney.
• Legal documents are signed and certified for representation in court.

Can Australian Citizens be Power of Attorney?

No, only Nepali citizens residing in Nepal can be assigned Power of Attorney.

Where is the Nepalese Embassy Located in the United States (USA)?

The Embassy of Nepal is located at 2730 34th Place, NW, Washington, DC 20007, and can be contacted by telephone at +1 (202) 667 4550 or by email at [email protected].

Do I need an appointment to sign the document at the Nepalese Embassy in the USA?

Yes, you cannot directly go to the Embassy of Nepal in the USA and sign the document. You have to make a prior appointment with the Embassy of Nepal in the USA.

Why is it good to file a divorce case in Nepal instead of the USA for Nepalese?

It is good to file a divorce case in Nepal instead of the USA for Nepalese because it is less expensive, less complex, and more favorable for Nepalese couples.

Is Nepali divorce valid in the USA?

Yes, Nepali divorce is valid in the USA.

Will it be Costlier if I Go to Nepal and Complete the Process of Divorce?

Yes, it will be costlier if you go to Nepal and complete the process of divorce. You will have to bear the travel expenses, accommodation costs, lawyer fees, and court fees. You will also have to spend more time and effort to deal with the legal formalities and procedures. The most suitable way is to assign a power of attorney.

What are the witness requirements for signing the Power of Attorney document?

At least two witnesses must be present while signing the Power of Attorney document.

Who can simplify the divorce procedures for Nepali citizens living in the United States (USA)?

Nepal Divorce Services specializes in assisting Nepali citizens in the USA to navigate and simplify divorce procedures.