Q: My wife is planning to leave the country for good with out giving me divorce. How do I get divorce?
My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?
I have 3 kids, and we own a house. She doesn't want to do anything with kids or the property. I highly doubt that she would co-operate in the divorce proceedings. What are my options?
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A: What you need to understand is that a Judge, not your wife can give you a divorce. If she's leaving the country and not taking the children or seeking equitable distribution of the house, that works out much better for you than you realize. You need to retain an experienced matrimonial attorney to represent your interests in this matter. I realize that this may be gut-wrenching for the children, but with therapy, love, patience and understanding, they will get through this and be stronger through it as will you. Good luck.
A: You need to meet with a divorce lawyer now. Proceeding with a divorce by way of default has its complications especially since she was present in New Jersey after you filed for divorce and there are issues as to the distribution of assets, child support and custody of the children to be determined.
A: Thank you for your question. If you are a resident of New Jersey, you can file the Complaint for Divorce and serve her while she is still here. If she does not respond or cooperate in the proceeding, the Court can still grant you the divorce. As long as you continue to live in the State, the Court will still have jurisdiction to grant your request.
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