Fairfax, VA asked in Divorce for New Jersey

Q: I live in a different state from where my spouse has filed for divorce in NJ. What are steps to get ready for case?

She asked initially that we waite until she get her citizenship. we have been separated for 10 years in 13 year marriage. Would that count?

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3 Lawyer Answers
Elena K. Weitz
Elena K. Weitz
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: There are many factors that will decide issues such as division of property and any request for alimony; because of all of the details needed and how complex these issues are, including your length of separation, you should contact an attorney for a consultation to discuss these issues.

William N. Sosis
William N. Sosis
Answered
  • Hackettstown, NJ
  • Licensed in New Jersey

A: There could be jurisdictional issues involved. If you consent to NJ's jurisdiction and accept service of process you'll be accountable to NJ's laws for the long haul. On the other hand, if you're in a position to challenge NJ's jurisdiction you might be able to get it moved to your state or even dismissed. There are ways of doing this but there's just too much information missing from your question to determine if that's possible. You really need to get an attorney.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I would be happy to assist.

I understand your concerns relating to living outside of NJ and a divorce pending in that state. Generally, in order to be divorced in NJ, certain requirements must be met for the matter to proceed. The residency of each party will determine the most appropriate place for the divorce to occur. In addition, it appears there are immigration issues that may arise as a result of the divorce. In many instances, immigration and divorce cases have complex issues that should be addressed by an experienced family law attorney.

I hope this information was helpful to you.

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