Carteret, NJ asked in Divorce for New Jersey

Q: I was a filipino citizen when I filed for divorce in US to wife in the Philippines. Now, Us citizen. Is it recognize?

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: If I understand your question correctly, you were a Filipino citizen and you filed a complaint for divorce in the United States against your wife (who was also a Filipino citizen) and presumably, you obtained a judgement of divorce against your wife. Since obtaining your judgment of divorce, you have become a US citizen and now you want confirmation that the prior judgement of divorce is still valid. The one thing not mentioned in your question is whether your divorce judgment was entered by a family court judge in New Jersey or in a different state. I cannot / will not speak to how a court in a different state views this issue but presuming the 1. complaint for divorce was filed in New Jersey; 2. proper service of process was made on your wife of the complaint for divorce ( personal service of the complaint for divorce upon her with proper proofs presented to the court of the service; 3. your wife filed a responsive pleading to the complaint or was given the opportunity to do so; 4. a court in New Jersey either had proof of service upon your wife and confirmed for the record that you lived in New Jersey for the statutory time frame required for it to acquire jurisdiction over your divorce matter ( generally - you lived in the state of New Jersey for at least 1 year full time prior to the filing of your complaint for divorce); 5. a judge in New Jersey entered a final judgement of divorce in your favor and you promptly provided a complaint copy of that judgement of divorce to your wife ( if she did not personally appear before the court for the final hearing) - if all of those elements were present, then I presume that the judgement of divorce was valid and enforceable today regardless of whether you are a US citizen or otherwise. But, my suggestion is that you still sit down with a family law specialist to review the paperwork to ensure that everything was done correctly and that you are not misreading the materials in front of you.

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