New Jersey International Divorce Lawyer
Most divorces in New Jersey take place when people who have recently lived together decide that their marriage needs to come to an end. In fact, state laws require at least one party to the marriage to have lived in the State for at least one year prior to filing for a divorce.
Unfortunately, this relatively neat process of obtaining a divorce can be severely complicated if one spouse lives outside of the country. This applies to people who have taken up permanent residence in another country or when one spouse is currently serving in the military. International divorce is difficult and has many unique components, but it is not impossible with the right legal assistance.
A New Jersey international divorce lawyer could help you pursue a divorce while one spouse is living overseas. A dedicated attorney could work to take care of the potential problems that these cases may present while aiming to represent the interests of their clients.
When are New Jersey International Divorce Cases Heard?
One of the most important and first things that people considering divorce must do is determine where they can file their case. As with any other court case, that court must have jurisdiction to rule on the matter, and these jurisdictional laws are strict in New Jersey.
New Jersey Revised Statute §2A:34-10 says that courts only have the jurisdiction to hear a divorce case if at least one of the parties has lived in New Jersey for at least one year prior to filing for divorce. The lone exception to this rule concerns divorces arising from adultery. Under this rule, as long as one party has lived in New Jersey for at least one year, the courts have jurisdiction to grant a divorce regardless of where the other party may be located.
However, properly serving the other party court papers may be difficult, especially when one spouse has moved to another country and left the other with no knowledge of their whereabouts. Locating the other partner may be a complicated undertaking. A New Jersey international divorce lawyer could help to track down individuals and fight to ensure that a New Jersey divorce court retains jurisdiction to hear a divorce case.
A final divorce decree must prescribe a plan for the parties’ futures, including their rights to marital property, the ability to care for their shared children, and whether one party should receive alimony. The fact that one party lives in another country may profoundly impact these decisions issues.
Many parties live in another country to functionally abandon their spouses. If the person living in New Jersey cites this abandonment as their reason for seeking a divorce, the courts may be sympathetic to their cause. However, nothing prevents a party from living in another country from asserting their rights. A New Jersey international divorce attorney could help people living both in and out of New Jersey to protect their interests and fulfill their obligations during a divorce.
Every married person in New Jersey has both rights and obligations under the law. The fact that one person lives in another country does nothing to change this fact. However, the distance between people may create complications during the dissolution process.
A New Jersey international divorce lawyer could help to determine if the person living in New Jersey satisfies the residency requirements to create jurisdiction in a local court and ensure proper service on the other spouse even if they are abroad. Afterward, they could help protect a person’s property rights, their ability to retain custody over their children, and argue for fair child support or alimony payments. Contact a New Jersey international divorce lawyer today to learn more and schedule a meeting.