Divorce Lawyer In New Jersey – The decision to leave a marriage is difficult. There are many details to consider, such as how your property and assets will be divided, which spouse will pay child support to the other spouse, and which parent will have primary custody of the children. However, if you and your future spouse can still communicate openly and civilly to reach a settlement, you have the option of filing for an uncontested divorce. For many people, an uncontested divorce process is simpler because it allows both parties to end the marriage satisfied with the outcome. To learn more about uncontested divorce in New York or New Jersey, contact the Law Offices of Adrienne D. Edward P.C. today.
An uncontested divorce works for couples who can negotiate and agree on the terms of the divorce. While no one expects you to be warm and friendly throughout the process, you need to be polite and cooperative to make the process successful. Once you and your spouse agree to an uncontested divorce, you will need to obtain and complete the appropriate divorce forms. You will discuss and document all aspects of the divorce such as property division, child support payments, child custody agreements and more. Once you reach an agreement, you will submit documents to the court and attend a final hearing. The judge will review your documents, ask you a few questions, and—if all goes well—sign the final decree of divorce, making the divorce official.
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While some people go through an uncontested divorce without an attorney, it is highly recommended that you meet with an experienced and qualified divorce attorney at some point along the way. It’s easy to get overwhelmed during the process, and it’s helpful to have an attorney to make sure your questions and concerns are addressed. At the Law Offices of Adrienne D. Edward P.C. you want to make sure your terms and conditions are fair and allow both of you to continue living on the solid foundation you both deserve.
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Law Offices of Adrienne D. Edward P.C. is here to help New York and New Jersey clients with uncontested divorce proceedings. Call our New Jersey office at (201) 420-8850 or our New York office at (347) 997-3811 today to schedule an appointment with a dedicated divorce and family law attorney.
Law Offices of Adrienne D. Edward P.C. located in Jamaica, NY, Garden City, NY and Jersey City, NJ. Proudly serving individuals and families in New York and New Jersey, including all five boroughs of New York, Westchester County, Suffolk and Nassau. An international divorce is more complicated than divorcing someone who lives in the United States. Even if both parties agree on all the main issues, there are procedural and enforcement complexities that arise in an international divorce. Fortunately, you can file for an international divorce in New Jersey if one spouse still lives in the state, even if the other lives abroad.
Only an experienced attorney can navigate the jurisdictional requirements and complexities of an international divorce in New Jersey. The only way to ensure success is to get professional help during and after your international divorce.
If you are ready to file for an international divorce in New Jersey, contact the experienced family law attorneys at Rosenblum Law for a free consultation today. At the same time, this guide will explain the differences and complexities of international divorce.
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New Jersey does not have specific international divorce laws, but there are some laws that may apply.
New Jersey allows no-fault divorce. A no-fault divorce is when the grounds for divorce are based on “irreconcilable differences” between the spouses. The only requirement in NJ is that the marriage has failed after six months of reasonable effort by both parties, but requirements may vary in other states. In addition, most other states also have divorce requirements. This varies from three months to two years depending on the country, including whether it allows for a mutual or unilateral divorce.
A wrongful divorce is when the grounds for divorce are based on something wrong the other spouse has done, such as extreme cruelty, adultery, or institutionalization. However, many states do not allow no-fault divorce. If the other country involved in the international divorce does not allow no-fault divorce, a no-fault divorce may not be obtained in New Jersey, as it may not be valid in the other state.
Filing for an international divorce in New Jersey is very similar to filing for divorce if both parties live in the state. The initial documentation is the same, with a few exceptions.
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Custody and child support cases are more complicated and must conform to New Jersey and the rest of the state’s rules. For example, when irreconcilable differences are grounds for a no-fault divorce and do not require a divorce in NJ, the paperwork may need to state that the parties have been separated for a period of time to meet the rules in the other state.
Renting a process server overseas can be expensive, but other options are service by mail and service by publication. An application to other international divorce services is also likely to be required.
The only way to avoid the need for service is to have the spouse living in another state sign a waiver of service and appearance. When the divorce is uncontested, meaning both parties agree on all the major points of the final divorce agreement, this waiver can save a lot of time and effort. This or proof of deposit must be submitted to the court before the hearing is scheduled.
Personal and financial information is required for an international divorce in New Jersey, but the requirements may be different in another state. For alimony or property division to be enforced, both countries must consider the divorce judgment to be valid.
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International divorce cases are heard after both parties have been notified of the claim and the hearing. For a customer in another country, there will be enough time to get an American representative as well. A virtual docket is available for these cases if the other party wants or needs to attend the hearing by phone or video conference.
According to the American Bar Association, the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) states that the best interests of the child are best served by applying the law of the child’s country of residence. For this reason, if the child lives in another state, the New Jersey court must determine custody in accordance with the laws of that state.
Other New Jersey statutes in this chapter allow cross-border enforcement of child support, but there is no statute specifically governing child custody.
As a rule, the court that issued the decision on the custody and support of the child is competent to enforce it. However, other states may have their own rules about what custody and child custody agreements include.
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It is also important to note that although New Jersey will enforce a parent support order in another state, enforcement can be difficult. This is because the same legal remedies used to enforce child support orders in New Jersey may not be available in another state. A lawyer can best advise you on how to execute a cross-border child support order.
New Jersey divides marital property upon divorce on a non-50/50 equitable distribution basis. However, other states may have different property division requirements that may need to be considered.
According to the American Bar Association, property division in an international divorce can occur under New Jersey law or the law of the state in which the property was acquired. For example, the division of households in France may be subject to French law.
A prenuptial or postnuptial agreement can be used to divide property. Some other countries, however, will not enforce these agreements. Additionally, New Jersey courts have been known to throw out prenuptial agreements if they are found to be unfair. An experienced attorney can help their clients understand the process and laws of property division in an international divorce.
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As long as New Jersey has jurisdiction over the divorce, spousal support is possible. Cross-border enforcement of spousal maintenance or not depends on the laws of the other country. However, the alimony order itself will be determined much like any New Jersey divorce.
Calculation of alimony, i.e. the legal obligation of one spouse to pay the other, in an international divorce is complicated by exchange rates, bank charges, etc. It is necessary to decide which party will cover these additional costs.
Because of the complexities and challenges described in the article, international divorce should
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