5 WAYS TO ACHIEVE THE SEAMLESS DIVORCE IN NEW JERSEY NJ

Einstein taught me how to achieve the seamless/no fault/uncontested divorce in New Jersey Family-Divorce Courts. And as you would suspect, genius lives in simplicity. As a Hudson County divorce lawyer representing people from Jersey City, North Bergen, Bayonne, Union City, Hoboken, Newark, Kearny, North Arlington, Elizabeth, Union, New Brunswick, Somerset and beyond, I know which courts offer the easiest divorces and which courts are slower and have more archaic methods. For instance did you know that certain New Jersey Family Courts do not require an appearance in court if you know what you are doing? Hudson and Somerset are just two counties that permit divorce on the papers (aka a divorce without going to court). We handle hundreds of these divorce cases each year, especially in Hudson County, New Jersey. Our satisfied clients have sent us countless referrals because of our work and knowledge of the Hudson County divorce courts and judges.

The first step in a divorce is really telling your spouse that you are going to file (this is much easier in cases where both parties already want this, the parties no longer live together as husband and wife, spouse and spouse). By doing this, there is no surprise which could lead to a major civil paper-divorce assault for no reason, so it is best to deal with it with kid’s gloves if it is an amicable divorce and mutual decision.

The second step would be either getting the terms of the divorce agreement down in writing or filing for the divorce in the New Jersey Superior Court-Family Part (Each County has one). One you file for the divorce, you will get a docket or case number. Your spouse will then need to sign for that or sign that he or she agrees to the terms listed in the divorce complaint or you have a marital/property settlement agreement.

The third step would be to file that paper which must be signed and notarized (acknowledgment of service) with the court. After that is done, you can file for a default and submit the next series of documents and the actual proposed final divorce judgment. Again, if you do it right in certain counties, you will never have to go to court and appear in a family law courtroom. My team and I know how to obtain that divorce or annulment for you in a seamless and limited stress fashion (we cannot control everything but we strive to make this as easy as possible for you and your spouse).

If you face a family law issue, domestic abuse, restraining orders, child custody, divorce, annulments or any other family law issue in Hudson County, New Jersey or beyond, contact my team on 201-706-7910 to discuss your situation further. Until then, thank you and Have a safe 4th of July! God Bless America!

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5 DIVORCE TIPS: WHICH KIND OF NEW JERSEY DIVORCE LAWYER DO YOU WANT TO END YOUR MARRIAGE?

As a Jersey City-New Jersey Divorce lawyer, I see a lot. I hope this blog helps you in deciding who to hire for your divorce in New Jersey.
Writing the question is easier than saying it,”End your marriage” For the marriages that are real, that were made in good faith, that ended or are ending for one reason or most likely many, the time will come that you have to choose which kind of divorce lawyer do you want for your divorce case in New Jersey? You may think it is simple, you may view lawyers as a simple commodity and if you do, good for you and good luck. If you are a realist you know that the divorce lawyer you choose is very important now and in the future. If there is no need to speak in the future, hiring a New Jersey divorce attorney that will burn the house down and leave no remains may be fine with you. If you have a family with children and need to live another day and have some sort of relationship with your spouse going forward, the lawyer who wants to burn down Rome may not be the right lawyer for you. The lawyer may think its great when he or she walks away with all of your assets but if you have kids you know what it means to have to work together and to find a way to make it as civil as possible for your kids and the other parent. In fact, it is critical. The way our children view how we treat others especially a man or woman, a father or mother, shapes them forever. So put your ego aside and really think this through. It’s not all about money, in fact if there are children, its about them and parenting the best we can.  The following tips are meant to help you in selecting your divorce or family law attorney in New Jersey:

  1. How mad are you right now? Will you be able to calm down? Will hurting your spouse make you happy? Will it take away your pain?
  2. What does life after divorce look like? Will you be able to be civil or will the divorce war create such a bloodbath that nothing will survive or be fixed in the future?
  3. If you destroy your spouse emotionally and/or financially, how will that help your children?
  4. Do you believe in forgiveness or mercy?
  5. Do you want your lawyer to leave the case with more money than you and your spouse?
  6. What would you do or how would you explain to your kids that your pushed their parent so far away that he is no longer around for fear of fake criminal complaints? fake or overstated domestic abuse claims? What do you say?

These questions can help guide you in your decision of choosing a divorce or family law attorney in New Jersey.  The party that starts the battle, sets the tone. If you decide to start the battle with nuclear weapons, be prepared for those weapons to be used on you and your loved ones. It is always best to start a divorce in a civil/amicable fashion when possible. This permits feelings and tensions to ease so the parties can focus on the key areas of their lives. This will take time but it is better than trampling over someone you have children with and married. That person needs to be strong for your kids as you do. So in the end, be careful which attorney you choose for your family law case as what is left behind may be so damaged that no amount of alimony or money can fix. If you have a divorce case in Hudson County-New Jersey contact my family law team on 201-706-7910 to setup a confidential meeting in our Jersey City location.

4 NJ DIVORCE MYTHS DESTROYED

From Jersey City divorce lawyer Santo Artusa……This article is about common divorce misconceptions in New Jersey and how I will “destroy” them one by one with the help of Spock. Ok, first myth that we will destroy today: “My spouse will get half of everything I have” This is false. First, New Jersey divorce laws are based on equitable distribution not community property meaning that it is based on various equitable factors. Even if the court divided half of property you have, it is only the property/assets acquired during the marriage. So if you think your spouse will take money you had before the marriage too, no he or she will not. There are circumstances where money is commingled but that if for another time and another article.

#2 – The family courts favor women. Untrue. More and more women are lawyers and in turn Judges and believe it or not, many of these judges in family court are tougher on women then they are on men. I have seen it with my own eyes time and time again.

#3 Men can never have custody of their kids. Untrue. The tender years doctrine is no longer the law or the way courts consider custody. The age of children is part of the factors in custody determinations but mothers and fathers are equal in the State of New Jersey. Obviously if one parent has had the children for a long period of time, the other parent cannot simply expect to fly into their lives and just obtain custody and if they do not, they cannot blame it on whether they are male or female, mother or father.

#4 Men Cannot Receive Alimony-Untrue. Women, you have what you want! You have jobs and salaries just like men and guess what? If you earn more, you will have to pay alimony! Whether you are a man or woman, the breadwinner will pay alimony. If the parties agree to waive alimony then of course it does not have to be paid but alimony can and is paid to men everyday. New world!

Anyway friends, until next time, thank you for reading and contact me if you seek a divorce attorney in New Jersey.

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DIVORCING SOMEONE YOU STILL CARE FOR BUT HATE RIGHT NOW

How to end a marriage when you know its over but you still care for your spouse or you may hate your spouse now but do not want harm to come to him or her. We can help in our Jersey City divorce law office today.

While we are Jersey City Divorce Lawyers, we are human and understand people as our practice is about people. You decided to file divorce papers in New Jersey, you are seeking New Jersey divorce lawyers and want to move on with your life. This is a big step. You may be thinking, “I can’t believe that son of a bitch cheated on me” or ” I cant believe he leaves the house for weeks and then just comes home” ” I can’t believe she spent my whole bonus on shoes!” or on and on. You may be very angry, you may be upset, you may want vengeance and you may also still care for this person that you have been married to for years, I would hope so. Marriage is a big deal to me, marriage and family is a big deal to me. I hope even if you are at the end of this journey, you can still reflect back to when you would do anything for this person or still care for this person because you have memories in common, children in common, etc. Maybe that is not the case for you but I hope it is because anger will only get you so far. To think clearly you want to be calm and work with a divorce attorney that can stay calm under pressure and guide you accordingly. These are the best divorce attorneys for you.

When you are seeking a divorce, you need to know if you are certain that you really want a divorce. Second, you need to know what you want. Some people just want a divorce or annulment, some people want money, some people want child support, alimony, etc. Every case is unique but either way, an experienced divorce lawyer can help you understand your rights and what you need to do to obtain them. We can help you navigate the divorce process to ease some of your tensions and concerns. We have been there before and we have ourselves fought in family court for our on cases, we know what it is like, trust us.

As one of the experienced divorce attorneys in Jersey City, New Jersey who practices statewide, I prefer to have cases where there is hope for civility. It is best to move on with your divorce in a positive manner if possible for your well being and your children as well if you have kids. There will be disagreements, without a doubt but an argument or arguments can flush the bad out and get us on the road to fruitful negotiations and reaching an agreement that neither party is thrilled with but both parties can live with, this is the surest sign of a good settlement.

If you are seeking a divorce and you want to have a divorce that will not totally destroy your post divorce life with your ex for various reasons, contact me and my team on 201-706-7910 today to discuss your family law situation. You will be glad you did.

Did you Know? Divorce Does Not Have to Be so Bad

You hear it all the time, divorce is so bad, it is so painful, it is/was the worst experience of my life, the kids will be so upset, the kids will have bad relationships in the future, the kids this or that, my parents will say this or that, i didn’t try hard enough, the list goes on and on. IT DOES NOT HAVE TO BE. When I did the Buddha’s divorce, he was smiling the whole time and when we were done, he smiled even more while we ate a great meal together in downtown Jersey City, it was awesome! (Yes I am a dreamer)

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While we know divorce was not one of our lifetime goals, it does not mean you failed or that it is the end. It is the end of the marriage but could be a new beginning for you and your family. What is very important to remember if you have children together is that you both have one thing in common: your unconditional love for your children. The children should not be used in divorce litigation to hurt the other party because in the end, the kids will get hurt. Another important thing to keep in mind is: do not go too far in your divorce case or the pain cause by trying to hurt your spouse may never go away and that will forever damage the need to co-parent. Don’t do it. Think of the kids first.

No for those who think they should just stay in a marriage for the kids,  Do you honestly think the kids do not know how miserable you are? Does your family not notice this? And shame on them if they do and did nothing about it, did not speak to you about it. This is not the 1950s where people were essentially forced to stay married or were shunned. While I do not agree with just giving up on a marriage, there does come a point where there is no return and if you do not save yourself, the whole ship will go down in flames. If you go down too far and can’t work, or can’t handle taking care of the kids, everybody loses so you must know when it is time to call it quits and get yourself back on track for everybody’s future.

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Think about this too. Your whole life, you were told to do this or that, go to school, go to work, have a family, etc. During that time, you may have lost yourself in that there is no time for you and yes, many times you do need some time for yourself. Once you are divorced, you will have time for your interests and the other times when you do have the kids, you may be more energized than you ever were when you were married and under the “house rules.” The fact is you can have your cake and eat it too. You can be a provider/caretaker of the kids and still have a life and the kids will see you are happy! Our children can read us better than a scholar at Oxford reading a poem.

While some aspects of a divorce can be hard for sure, you can get through it. You can handle it. You can find a way to improve your life and with that, your children and your family’s life will improve too. Who wants to be around someone that is always upset? irritable? angry? Nobody. Divorce can be a door to your new life where you focus on the aspects of your life that you need to improve or just a new point in your life that will focus on you, not your family’s expectations or anyone else for that matter, finally you.

New Jersey Divorce Lawyer Santo Artusa
New Jersey Divorce Lawyer Santo Artusa Martindale Award for Client Distinction 2015

As you may see, I am a divorce attorney in Jersey City and I also practice other key areas of law in Jersey City and the surrounding areas. When people come into my office, I am not selling them or trying to convince them to get a divorce, in fact, it is the opposite, I make sure they know this is what they want, I ask why they want it, what are the issues in the case that I can help them achieve and we go from there. As I said, if you can save your marriage you should try as hard as you can but if that levy has broken, it is time to start the cleanup and rebuild a stronger and happier you. Until next time, think positive and be safe. If you are interested in speaking with me about your case or a potential case in my Jersey City office, call 201-706-7910 today. If you would like to learn more about all of the legal services our Jersey City lawyers offer visit: Artusa Law Firm-Jersey City Lawyers.

A Quick Way To Determine if Your Divorce is Contested or Uncontested

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When asking divorce lawyers whether your case is considered contested or uncontested in New Jersey this is what you need to know:

People frequently come into our office and claim their divorce will be easy or that their case is very complicated and both may be true. We take the time to discuss the legal situation with you so we know what are the toughest issues to address in the case, which issues are most important to you and setting realistic expectations. If we believe that the potential client is realistic in their case goals, we will discuss our retainer and hourly rates. The most common case is a case where both parties want the divorce but there are major issues to resolve such as child custody, property division, alimony, child support and so forth. Knowing that you and your spouse want to get divorced is the easy part, it is often the other issues that make a case contested.

The only time a case is uncontested is when ALL issues are agreed to and the parties want that agreement either in writing or are waiving any interest in assets or there may be no assets to divide. We then process the legal paperwork, make the agreement, and upon execution, we submit the case to one of the Hudson or Essex County Judges for a signature and official court seal. In Hudson County, court appearances may be waived if the correct paperwork is submitted. Information concerning uncontested and no-fault divorces are here.

Visit our frequently asked questions concerning divorce cases here.Regardless if your case is contested or uncontested, we know how to handle the situation. Contact the divorce lawyers at the Artusa Law Firm of Jersey City today on  201-706-7910.

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3 Things to Know-Divorce Strategy in New Jersey- Does it Matter Who Files First?

Hudson County Divorce Lawyers and divorce lawyers throughout the country often field this question and we will quickly discuss the importance of filing for divorce first. This is what you need to know in short.

A divorce is considered a civil action in the New Jersey courts. There is a plaintiff and a defendant (in adultery cases there are defendants). One question people ask at times but not enough is, Does it matter who files first in a divorce in New Jersey? 

artusa-hoboken-minIn a case that has issues to determine, the answer is YES. The plaintiff is the person that files for divorce first and sets the tone for the entire case. He or she can file the case and file a motion for various relief right away placing the defendant against the ropes. Smart and experienced New Jersey Divorce Lawyers can help your case by deciding the order in which the case is heard, can start with a motion or at trial, the plaintiff starts the case and controls the order of it. A first impression with a New Jersey Divorce Judge goes along way and the same hold trues in a divorce trial or other family law case (who brings the motion first). It is very hard to undo a first impression and very hard to stop the momentum the Plaintiff has going for him or her in a trial or motion. This hold true whether the case is in Union County, Hudson County, Bergen or beyond, the New Jersey Divorce Rules govern all the divorce courts and trials.

DIVORCE STRATEGY IN NEW JERSEY

If you work with skilled and learned New Jersey divorce lawyers, he or she will plan out a strategy for your case to help you achieve your case goals. The case can be settled along the way or it can go to trial, either way, you must prepare as if you are going to trial so that you can negotiate from a position of strength, not weakness. If your opponent knows you are not ready, why would they negotiate and reach a fair deal with you? They will not.

WHAT IF I HAVE BEEN SERVED WITH NEW JERSEY DIVORCE PAPERS OR FAMILY COURT MOTION PAPERS?

If your spouse has filed and you are the Defendant, there is still much that can be done and it can be argued that the Defense has an upper hand because they get to go after the Plaintiff finishes their case, after cross-examination and beyond in a divorce in New Jersey. Regardless if you have been served, if you work with the right New Jersey divorce attorney, a strategy can be planned and the fight will begin. When you are served with motion papers or divorce papers you only have a certain amount of time and time is of the essence. Many people come into New Jersey Divorce Attorney Santo Artusa’s office after receiving divorce papers from: The Weinberger Law Group, Freeman Hughes, Weiner Lesniak, Irwin Tubman, Greenberg Walden Grossman, Chasan Leyner Lamparello, Anthony Carbone, Miller Meyerson and Corbo, Karen Saminski, Lesnevich and Marzano, Lyons and Associates, Maurice Giro, Einhorn Harris, Micklin Law Group, Edward Weinstein, Riker Danzig, Lofaro and Headley, Moskowitz Law Group and many others. Each attorney has a different style and it is important to know who you are dealing with in a family law and divorce case in Hudson County, Essex County, Union County, Somerset County, Middlesex County, Bergen County and beyond. The Artusa Law Firm is skilled in representing people in sensitive family law matters and is experienced in arguing before the Judges in Hudson County and throughout Central and Northern New Jersey.

Our firm handles a variety of legal matters including: Child Support in New Jersey, Child Custody in New Jersey, Restraining Orders in New Jersey and so forth. For information about all of our practice areas, visit Artusa Law Firm of New Jersey.

Every divorce case is unique and needs an essential attention to details and patience. The Artusa Law Firm is here for people seeking help navigating through the family law and divorce world in New Jersey. If you seek a consultation in our Jersey City office, contact us today on 201-706-7910 today.

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WHAT YOU NEED TO KNOW ABOUT DIVORCE AND TAXES

For a New Jersey Divorce Lawyer practicing out of Hudson County with many clients coming from the ever growing areas of Jersey City, the main focus in divorce actions in Hudson County-New Jersey and in Northern New Jersey are usually about alimony, child support, child custody, parenting time and the division of assets, tax planning and understanding the tax ramifications of making certain settlements is just as important as the settlement itself. As a New Jersey Divorce Attorney, I am not a tax expert but I do know many important elements of taxation and how settling your divorce in certain ways can help minimize tax implications and maximize tax benefits to help you mitigate any money that must be paid or that will be received to or from your spouse.

ALIMONY AND TAXATION-WHAT YOU NEED TO KNOW
Alimony is a monetary transfer between spouses. Internal Revenue Code 215 (IRC 215) addresses the topic of deducting such payments (the payor). One advantage of paying a higher amount of alimony versus child support is that alimony is tax deductible while child support never is.  Furthermore, not only is alimony a tax deduction but it is a deduction that lowers the adjusted gross-income of the payor which is much better than an itemized one. Itemized deductions on the other hand can be limited to 2% of the overall gross income and after that, you lose the tax benefit.

For the person receiving alimony, that person must claim the alimony as income which does provide a benefit in the sense that this “earned income” can be used on the tax filings which permits the spouse to make contributions to an IRA for retirement planning. (IRC 219-f-1). However, if the parties agree that the alimony payments will not be subject to taxation and deductions, that is permitted under the law (Treasury Regulation 1.71-T(b)(A-8)).

The payment and tax planning of alimony can work out for both parties if done correctly. Depending on the income tax brackets of the parties, a plan can be created through income shifting to take advantage of the tax code.

PAYMENTS THAT QUALIFY AS ALIMONY
Payments that are considered alimony according to the Internal Revenue Code must:
1- Be part of a divorce or separation which includes: A court decree or separate maintenance, or a written instrument incident to such a decree.
2-Any other court decree requiring one spouse to make payments for the support/maintenance of the other spouse.
3- A written separation agreement entered into by the spouses.

The alimony payments must also be made in cash which includes, checks, money orders. Services cannot be exchanged and considered alimony.

CHILDREN AND TAX DEDUCTIONS- CHILD SUPPORT IS NOT TAX DEDUCTIBLE BUT THE CHILD TAX DEDUCTIONS CAN BE USEFUL IN YOUR TAX PLANNING

The dependency exemptions are also important in the divorce planning/child custody-support process. Post 1985-The custodial parent is entitled to this tax benefit unless the non-custodial parent and the custodial parent reach an agreement in writing as to the deductions and sign the written declaration Tax Form 8332, (2) Where a multiple support agreement exists. Multiple support relates to where no one person is paying for more than 50% of the support of the child (sometimes when the child lives in a home with the mother, grandparents, uncles, etc., who can argue they all contribute to the home expenses, food, etc.).

The Child Tax Credit

Under President Clinton, The Taxpayer Relief Act of 1997 became effective in 1998. This credit begins to phase out after a certain AGI is reached. So in divorce and tax planning , using the child tax deduction may not be wise for the higher earning spouse because of the income phase outs. The credit itself is not substantial alone in that it is worth about $500 per qualifying child, however, it is always better for the IRS to send you a refund then you sending them a check so try to utilize as many credits as possible and consider it in the divorce.

TAXES AND EQUITABLE DISTRIBUTION IN NEW JERSEY (ASSET DIVISION)

Retirement Plans- One of the bigger assets people tend to have or that couples tend to build their assets with are retirement plans. The company 401k, an IRA, A Roth IRA, etc. To transfer the assets in the plan to a spouse regarding a divorce, a Qualified Domestic Relations Order is needed or a QDRO. This prevents any taxation or penalties form the IRS when this transfer occurs. However, the QDRO does not prevent future taxation when money is taken out of the 401k or other retirement asset.

Marital Residence in New Jersey-Transferring your stake in the property to your spouse will not subject you to taxation, however, if the house is sold, you must check with your accountant to discuss the cost basis and so forth to determine tax liability. The marital residence carries with it many tax benefits if one spouse is to keep the property and if the spouse or the parties agree to sell it, there are many ways to defer tax liabilities if proper tax planning is done. For example, if one spouse takes his or her share of the net proceeds and rolls these proceeds into another property after the divorce and certain conditions are met, each spouse can elect to take advantage of a $125,000 exclusion, if both do, $250,000 is the maximum ($125,000 each).  If the property is sold during the divorce, the exclusion may be limited to $125,000 total. If the property is held and to be sold at a later date (more than 2 years after the divorce), the spouse that leaves the residence and loses the “principal residence” status can lose his or her ability to use their $125,000 exclusion for their half interest and then suffer major tax consequences. For information about divorce and settling your case with different assets to work with, read our article on lexis nexis about New Jersey Divorce Lawyer with financial background and how that can help your case.

Let us move on to the TAX FILING STATUS

If you are married or divorced on December 31 of that tax year, that is your tax status. For example, you filed for divorce in November of 2014 but are still married as of December 31, 2014, you would still be considered married for tax purposes. However, if you have your divorce judgment on or before December 31 of the tax year, you are divorced and can claim single on your taxes.

So in conclusion, when you are seeking a divorce in New Jersey, have assets, have children, there are more considerations than, just split everything or whatever wrong information people out there will tell you. There is a lot involved in a divorce in New Jersey. New Jersey is an equitable distribution state, has strict child support and alimony laws among other things so it is very important in planning your future to hire an experienced and caring attorney who will look out for pitfalls and future problems. The team at the Artusa Law Firm is heavily devoted to family law and divorce issues throughout the State of New Jersey including but not limited to: Hudson County, Bergen County, Essex County, Middlesex County and Union County. To setup a consultation in our Jersey City office or over the phone, give us a call on 201-706-7910. To read more bout our work, visit: Artusa Law Firm-Divorce Lawyers of Jersey City.

For information about where New Jersey family court and divorce  cases are heard in New Jersey and where our main office is located, please visit our custom map below.

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 201-706-7910.

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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