5 Things to Know When Serving a Spouse in India and Elsewhere for a New Jersey Divorce

best new jersey divorce attorney

Santo Artusa, Esq.,  is a Jersey City divorce lawyer that represents Indian clients in family law, divorce, criminal law and business litigation in Jersey City, New Jersey. We have the knowledge and experience in handling cases in the United States that involve marriages that began in other countries and how to resolve them in New Jersey so that these marital issues do not haunt you in your native land. For instance certain causes of action in New Jersey do match those in India and will be honored in India, while other causes of action will not.

We are experienced in handling divorces where the spouse is living outside of the United States and we can help you if you have a case like this. Our clients are happy that our team is able to understand the Indian culture while explaining the American laws and the American culture concerning divorce. We also explain and outline how the local court system works despite possibly litigating or making agreements in two different countries with help from friends and family here and in India.Our Jersey City team fully understands that divorce is not common in the Indian community and that a divorce with Indian clients may need a special focus and attention to detail as it is very sensitive in nature. Some of our clients like the fact that we are not part of the Indian community and that all communications are strictly confidential. We serve clients throughout New Jersey including but not limited to: Jersey City, Elizabeth, Fort Lee, Passaic, Edgewater, Weehawken, Hoboken, Woodbridge, Iselin, Metuchen, Edison and beyond.  Contact us on 973-337-9643.

If you would like our team to contact you during business hours, you can fill out the form below and we will.

Our office is located in Journal Square (The Capital One Building). This article is about filing for divorce and serving a spouse that lives in India or Elsewhere in the world. Depending on the relief you seek will depend how someone needs to be served in another country. We can also obtain a divorce decree in New Jersey for you if you cannot locate your spouse.

The United States Constitution requires that any one that seeks relief from an American court be given the opportunity to be heard and that due process be honored and followed. In short, when relief is sought, whether for a divorce or any other action, the opposing party be notified and be given the opportunity to present their case.  As I represent many people who seek divorces in the Jersey City and Hoboken area of New Jersey, some cases that can be difficult depending on what a litigant seeks in a divorce are divorces where the spouse is in another county and many are in India. If you seek your divorce or court order to be valid in India, you need to follow the Hague Convention rules unfortunately.

If you seek a New Jersey Court or other American court to grant you a divorce, you must follow local procedure which is to serve someone by way of personal service. Upon a showing of personal service and that the party has not responded in 35 days, you can seek a default judgment against your spouse. Again, while the judgment is valid in this state, it may  not be valid in another country. If you seek it to be valid in another country, you should consult with an attorney in that locale and follow the rules of that country and any rules of a treaty. The Artusa Law Firm has been successful in obtaining divorce judgments while spouses reside outside of the United States including but not limited to India, Brazil, Japan, Korea, Pakistan, England, Morocco, Mexico and beyond. Whether you seek to have it ex-parte or by following the rules of the Hague convention, we can help you obtain a divorce in New Jersey.

To file for divorce in New Jersey, you or your spouse must have lived here for a period of 12 months or more prior to the date of filing. If you seek to file under irreconcilable differences, you need to have suffered from theses differences for a period of six (6) months or more prior to the time of filing.  While you can obtain a divorce as explained above, you cannot obtain a judgment concerning child custody unless the children are subject to the jurisdiction of this state.

If you cannot locate your spouse, you must conduct a diligent search and upon completion, you must file a motion in New Jersey Family Court proving you cannot locate your spouse. If the family court Judge agrees that you cannot find your spouse and that the diligent search has been completed, you will be able to place a legal notice in the newspaper and after 35 days you can seek to enter default and move for a final judgement of divorce.

If you have a family law action (child custody, child support, relocation, parenting time, etc) or divorce case in the State of New Jersey and seek legal representation, contact the Artusa Law Firm on 201-706-7910 for an in person, confidential appointment. We will explain the procedure and which options are best for your case. Our office is located in Jersey City, New Jersey and we practice in every court in the state including but not limited to the counties of: Hudson, Middlesex, Bergen, Essex, Union, Morris and beyond. For information about all of the legal services we offer in New Jersey, visit-Artusa law Firm of Jersey City.

 

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DIVORCE IN NEW JERSEY: 25 REASONS WHY ALIMONY IS WORTH IT-PART I

You must think I am on some powerful drug to say alimony is worth it! Every every penny if done right. I am a Jersey City Lawyer focusing on divorce and personal injury cases and I tell you I would rather be happy and healthy and pay someone to get out of my life than be injured and receive a huge settlement. Now you really think I am crazy but it is true. Health and happiness is fleeting, time never stops and to be happy and healthy is priceless and often under appreciated.

If you are married to a toxic person that wants you to fail, increases your chances to fail, hurts your relationships, hurts your career, hurts your chances to be happy, it is best to agree to a number to get your dependent spouse out and move on with your life! You can always make even more money that he or she will not be able to have a piece of. The longer you wait, the more these toxic people can get. Make moves now while you can. So as this is Part I, I will give you 7 reasons today why ALIMONY is SO WORTH IT. And I have personally seen it with my clients years after the divorce become ever more successful.

1. You will never reach your potential if your partner/spouse is toxic, EVER. So while the alimony is a short term expense, in the long term, you are only helping your career.

2. The sooner you realize the relationship is toxic the sooner you get out and begin to see things clearer. Clarity, like time is priceless. DIVORCE and or pay the alimony and get your spouse out.

3. The days of idiotic spending by your spouse on your full dime will be over. Write the alimony check and he or she will have to make due or actually WORK LOL! You owe nothing above the agreed amount, nothing.

4. You never know, you may find someone who earns like you or more! Write the alimony check and you have options again!
5. Paying ALIMONY is better than giving up more assets because ALIMONY is tax deductible. That helps us big earners!

6. You will be free to do anything you want whenever you want when you get the divorce, ALIMONY or not! Priceless!

7. The sooner you do it the better because as you get older you will only earn more and your spouse will not get a dime of that! Term ALIMONY at a fixed rate!

Well this was part one of my article. If you are ready to be set free and pay alimony or receive it, contact my team at the ARTUSA LAW FIRM in Jersey City on 201-706-7910 for a consult today.

5 TIPS TO HAVE YOUR NEW JERSEY DIVORCE HONORED IN INDIA

Jersey City-New Jersey Divorce Lawyers—-With the influx of professionals from all over the world coming to New Jersey to live/work in the NYC metro area, one of the largest groups are Indians. With my Indian clients, they tend to be concerned about obtaining a divorce in New Jersey that is also valid in India. The India court system and the divorce courts are much slower and in my view archaic. This does not mean that lawyers in India are archaic at all, in fact they are very professional and responsive. The reason I bring this up is that filings in India get complicated and can include more people than just the spouses and can get real ugly, real fast. This is why some Indian clients prefer to obtain their divorce in America, in my case New Jersey and have it honored/registered in India.

While I do not practice in India, I do have general information that I obtained from lawyers in India as I have many Indian clients in New Jersey. You should always consult with a lawyer in India about registering an American Divorce in India. From my experience as a divorce attorney in New Jersey, here are my five tips in having your divorce honored in India:

  1. If both parties mutually agree on the terms of the divorce, the divorce will be honored in India in most cases.
  2. If the parties do not agree, you must use a cause of action/grounds for divorce that match grounds for divorce in India (extreme cruelty is an example that is accepted in India).
  3. When dealing with property in India and property rights, an Indian court may not enforce the American Divorce Terms in India. It makes more sense to take a certain amount in the United States than face an uncertain court in another country that may never honor it.
  4. It is better to fight the divorce battle on one front rather than on two fronts where the cost will grow and the stress will also become unmanageable.
  5. American courts are more efficient and will enforce the terms of the agreement to the fullest extent of the law.

While this is a brief synopsis on having the Indian courts honor a New Jersey/American Judgment if you so choose to because of the potential for damaging/endless litigation in India. If you have a divorce case in New Jersey and seek experienced, professional counsel, contact our team on 201-706-7910 today or fill out our contact form below.

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What You Need To Know-Notice of Scheduled Appearance for Motion Hearing

best new jersey divorce attorneyHave you received New Jersey Family Court motion papers in the mail? Are you seeking to file a cross-motion? Do you want to defend against the request that you received in the mail? Are you seeking a family law-child custody lawyer in New Jersey?  The New Jersey Family Law Attorneys at the Artusa Law Firm can help you today on 201-706-7910.

The State of New Jersey To: Have you received a notice that matched the title of this blog for a court date in Hudson County, Essex County, Union County or Bergen County? If you have, we can help. Our team focuses on family law issues throughout the State of New Jersey. The motion you received may lay out one issue to contend or several (child custody, parenting time,violation of a court order,  college costs, child support, alimony issues, enforcement motions, emancipation, child relocation, spousal support, evaluation of assets, etc) either way there is a deadline to respond and if you seek certain relief there is a deadline for your “cross-motion” or “cross-application.” The New Jersey family law attorneys at the Artusa Law Firm can help you with your case if you seek professional family law representation.

What is written in the motion papers and the exhibits (attachments) you provide are very important to your case. Without proof, a Judge may simply decide the motion without oral argument. If you reply and request oral argument, you should be able to have that and argue your case before the Judge and against the opposing party. However, you should know that if you elect to handle the matter on your own, you will be held to the same standard as an attorney. You must know the rules and the legal standards for the claims you are asserting. Family law motions require a substantial amount of work and if done incorrectly, can cost you more than you imagined. If you received a motion in New Jersey for a family part case, contact the team at the Artusa Law Firm today on 201-706-7910 to discuss your situation and if it makes sense to hire an attorney.

 

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Did You Know You Can Obtain a Divorce in Middlesex Without Going to Court?

You Can Obtain a Divorce In Middlesex County-NJ Without Ever Going to Court. Yes it is True.  Contact the Artusa Law Firm team today to handle it for you.

WHAT YOU NEED TO KNOW

You can obtain a divorce in Middlesex County without ever appearing in court. If you work with an experienced divorce attorney in New Jersey, we can handle all the papers for you and you will receive your New Jersey Divorce Judgment in the mail or from our office, your choice! If you have not reached an agreement with your spouse and issues remain, we can help you with that too. Contact us on 201-706-7910.

New Jersey Divorce Lawyer Santo Artusa
New Jersey Divorce Lawyer Santo Artusa Martindale Award for Client Distinction

The Artusa Law Firm handles divorces in Middlesex County, New Jersey and Morris County, New Jersey. Filing for a dissolution of a marriage, AKA a divorce is the same throughout the State of New Jersey. Our practice focuses on family law and divorce Statewide. We have experience representing people in Middlesex County Family Court, Morris County, Hudson County, Essex County, Somerset County, Union County, Bergen County and beyond.

We can handle your case whether it is an uncontested divorce in Middlesex County or an uncontested divorce in Morris County, we can handle it. Whether there is child custody, child support or other issues in contention or there are no issues at all, we can help you get divorced soon. The Artusa Law Firm practices in every county in the State of New Jersey concerning divorce and family law issues. While we are located in Jersey City, we work statewide. Our army of lawyers can help you get a divorce and move forward with your life.

Again, Whether you have children, have an agreement or not, is contested or not, we can help you with our experience in family and divorce law.We also help people who have post-divorce situations and family court motions that need to be addressed. Whether it is child custody case in Edison, a parenting time dispute in Morristown, alimony adjustments in North Brunswick, child support in Iselin, college contributions for Princeton , child relocation, domestic violence, changes in circumstances, order enforcement issues, we know what to do. Contact us today.

Our office is headquartered in Jersey City as many of our clients work or own businesses in Manhattan or other areas of New York City. We provide transportation for new clients that retain our services that live outside of Hudson County. For a consultation with our family law or divorce lawyer, contact us at the Artusa Law Firm today on 201-706-7910, we can help you.

DIVORCE LAWYER IN JERSEY CITY

As a divorce lawyer in Jersey City, I have represented people throughout New Jersey and from other states that have divorce and family law issues in Hudson County, Essex County, Middlesex County, Bergen County and Union County. Regardless if it is a simple divorce where both parties come in to sign all the papers or we must find your spouse and serve him in another state or country, we can handle it. If the case has complex child custody or diverse assets to divide, we have dealt with it and are ready to help you with your case. The best way for us to help you is if you have an idea of what you are seeking so we can evaluate your case and tell you if it is worth pursuing financially and what the positives and negatives of your case are. We will help you choose a cause of action for your divorce, inform you of what you may be entitled to and help you move forward from there. Our headquarters are located at 35 Journal Square, Suite 531, Jersey City, NJ 07306. Our main contact number is 201-706-7910. 

Every divorce case is different as are the issues involved in the case. Is your case about dividing assets? alimony? child custody? child support? parenting time? getting your maiden name back? a cheating spouse? adultery? domestic violence? extreme cruelty? If you tell us the situation, we will guide you toward the best course of action.

In a recent case we had, the spouse refused to provide his address and would not sign for the divorce papers in front of a notary. We were able to find him in Western New York, serve him, his 35 days to respond expired and we were able to have our client get a divorce and resume her maiden name, that is all she wanted and we got it. She did not want to seek a division of assets or alimony, she just wanted to move on with her life and put a bad relationship behind her.

UNCONTESTED DIVORCE

In another case, both parties came into my office and indicated that they divided any assets they had years ago, the kids are grown and they just want a divorce. We made the divorce papers for them, the plaintiff signed, we filed, received the docket number back about 2 weeks later and the spouse signed waiving his 35 days and soon enough, they were divorced without even having to go to court. Yes, believe it or not, there are many divorces that are not ugly, that there is no bad blood and people just want to move on legally as they have moved on in their lives. For more information about uncontested divorces, click here.

So if you are ready to move forward with a divorce, annulment or other family law matter in the Jersey City area, contact my team on 201-706-7910 or email me directly on santoartusa@gmail.com today to discuss your case in confidence and to setup an appointment to fully explain what is going on and we will discuss how we can help you.

Until then, Happy New Year!

 

ARTUSA LAW FIRM, P.C. 35 Journal Square, Suite 531, Jersey City, NJ 07306

Gwen Stefani Divorce Lesson- Money Does Not Solve All

Which phrase do you believe, More money more problems? Or If money can solve it, it is not a real problem? Gwen Stefani recently settled her divorce case involving more than $120 million in assets and child custody/parenting time issues. According to reports, The parties agreed to have shared custody of their three children and filed the divorce under irreconcilable differences, which has become the most commonly used cause of action in most states in America, including New Jersey. When money cannot solve a problem, when the trust and love is gone, a divorce may be the only way to go for people, even the rich. With the parties reaching an agreement and not having to go to trial where a Judge, who is a stranger to the parties, make critical decisions for the parties and their children. When it is possible, it is best to divorce on terms you can live with and move on. Having a trial is a risky proposition but in some situations it is necessary because one or both parties refuse to listen to their lawyers, mediators and may take counsel from people who have no business giving legal advice. Would you accept a poker lesson from someone that never sat at a poker table? In a divorce, take the advice of professionals or you will be all in without fulling knowing what you are risking.

Holiday Parenting Time-Prevent Issues Before They Occur

The holiday season is quickly approaching and a major area of strife is holiday parenting time. Some parents have a set schedule and others do not. Some have a set schedule but do not have exact times in place, a recipe for police calls and threats. The time is now to avoid this misery and try to resolve parenting time disputes in WRITING before they occur or occur again for many people. The more detailed people are with a holiday parenting schedule, the less chance there is for confusion and the less chance someone will violate the order or agreement if they know a Judge will fine or sanction them for purposely violating it. I always recommend that people should be fair in the holiday schedule so that both parents are able to have quality time with their children but certain situations call for safeguards and limits. Other situations call for limited time because the non-custodial parent does not pay child support, does not come around all year except the holidays and so forth. Even when parenting time calls for safeguards, it is better to do it in writing and if the other parent does not agree, go to court and get a court order where a Judge will hear both sides and make a determination.

On a lighter note, it is also playoff time so………..Lets go Mets!

Uncontested Divorce Lawyer in New Jersey

Uncontested Divorce-Sample Case I

Divorce with no property to divide and no children- 

Cause of Action (Reason Used for the Divorce)-Irreconcilable Differences or Separation of 18 months or more.

Jurisdictional Requirements– One party must be living in the State of New Jersey for at least one year.

Is a Signature Needed from Spouse?– No, but having your spouse sign will make the case go faster, at least 40 days faster. If your spouse does not sign, he must be served by a process server, sheriff or someone not involved in the litigation, mailing it is not an option initially (unless he or she signs that he received the divorce paperwork through an acknowledgement of service).

Do I have to appear in Court? –Depending on the county, you may not need to go to court. Hudson and Middlesex are two of the counties that do not require an appearance in court if ALL the correct paperwork is submitted.

We agree on the divorce but I want alimony, is that possible? Yes it is possible but unless your spouse agrees to the amount and the term of alimony payments, it is no uncontested.

Sample 2- Divorce with children but no assets to divide

Same as above except if there are children involved, the child support guidelines must be run and/or the amount of child support must be indicated in the agreement. You can choose to have the child support paid to the custodial parent directly, through the court system (county probation) or through probation and by way of wage garnishment.

Sample 3- Divorce with children and assets but parties agree to all terms.

If the parties have children and assets and agree to their own terms, it is an uncontested divorce. As long as the agreement is legal, the Judge will not pass judgment on the agreement itself. The parties may also use an attorney to mediate certain issues or your attorney can negotiate with your spouse or with his or her attorney depending on the situation.

How long does this kind of case take?  It can take 6 weeks to up to 1 year in extreme cases depending on if your spouse can be located and the court’s calendar.

In the end, while a divorce is never easy, you can limit the stress of your case if both parties are willing to negotiate in good faith and move on.