Filing for divorce while living abroad can be difficult if you are unaware of the process. In this article I will address some of the most common concerns and questions regarding achieving a fast, uncontested,
International divorce in New Jersey (NJ) to help you feel more comfortable with the process.
Who has jurisdiction and where do you file?
International residents are permitted a divorce in New Jersey provided the State has jurisdiction. So naturally, the first step is to determine jurisdiction and whether you meet certain residency requirements. If you and/or your spouse are living out of the Country but one of you still has permanent residency in New Jersey, you may be entitled to pursue the divorce in the State. There are obviously a number of issues that must be taken into consideration. It would be in your best interest to consult with a New Jersey (NJ) Certified Matrimonial Attorney to determine if New Jersey has jurisdiction for your matter.
Communicating with your lawyer
Once you have determined that NJ has jurisdiction, you can take comfort in knowing that there are simple ways to be an active participant in your matter without feeling out of touch due to the distance. It is important that you find an experienced
New Jersey divorce and family law attorney that has up to date technology to ensure that you are provided with quick and responsive
communication at all times. You do not want to wait several days for important legal documents to arrive in the mail, when it is otherwise possible to have them scanned and emailed to you for immediate review. Ideally, you want a divorce lawyer who accepts facsimiles and regularly uses email. Also, your family law attorney should be easily accessible and they should have a policy of promptly returning all calls and emails. All of these elements will help ensure you will feel closer and more in control of the process which generally means less stress and an expedited resolution to your matter.
Achieving proper service
If your spouse is equally interested in obtaining the divorce and will cooperate with the divorce process, then serving your spouse with a complaint or other pleading can be simplified. Instead of having a formal process server physically hand deliver legal documents and forms to them, your spouse can sign a page which acknowledges receipt of the papers and this signed page can be filed with the court. This is an easy and amicable way for you to begin the international divorce process.
Physical appearance may not be required
There are a number of situations when a judge will grant a divorce in the State of NJ without physically having the parties appear in court on the final hearing date. Presuming the judge is open to this type of arrangement, you may choose to have your New Jersey divorce lawyer make an appearance on your behalf or have certain affidavits filed with the court in lieu of any physical appearances. The courts are not looking to force you to incur expensive travel expenses in order to appear at the final uncontested or default hearing. As long as certain requirements are fulfilled which shows the judge that a settlement has been reached and that the settlement is voluntary, fair and equitable, you may not have to appear in court. To ensure that all of these requirements are met, speak to an experienced lawyer who exclusively practices divorce and family law so that your case can be handled properly and in the most efficient way possible.
Once you have made the difficult decision to file for an international divorce in NJ, it is critically important that you get the right help to assist you in navigating through the legal system. Take the time to find an experienced Certified Matrimonial Attorney with whom you feel comfortable.
For additional articles about New Jersey divorce and family law matters or to download a free copy of my divorce guide, visit my web-site at www.weinbergerlawgroup.com.
