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

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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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