Can we file for mutual divorce in USA while living together?

We are living in the USA on a visa. We were married in India and are currently living together in the USA. Are we able to initiate a mutual divorce while still living together? It may involve a custody dispute. What is the procedure to start this? If we decide to get divorced, should we start living separately?

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Advocate By LEAD INDIA Answered: 24 Mar 2025

Yes, you can file for mutual divorce while living together in the USA. You need to submit a joint petition and agree on issues like custody and property division. If there is a custody conflict, you may need to live separately before filing. Consult a family lawyer to understand the procedure and ensure your rights are protected. For further legal assistance contact us on our helpline number.

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