Legal Question in Family Law in New Jersey

Divorce Decree in India and NJ,USA..

Divorce and child custody with no vistation, child support to be paid, was granted by NJ family Court, in 2003. Appealed but no success. The family court order was passed where I had not submiited to its jurisdiction. Appeal was against the order.. no success there too.

Indian Court application made first, ignored by NJ Court. Despite being made aware to the Court.

Stay order on ex-spouse, not to proceed in NJ Court, issued by Indian Court, also copy served to the NJ Court. Completely ignored by both. Thereafter, NJ Court (Middlesex) continued and passed order.

Later on, Indian Court declared the NJ Court Court null and void and cannot be executed in India.

I have never submitted to the NJ Court jurisdiction.

Is the NJ Family Court order applicable to me, if I were to return to USA. The NJ Court had no jurisdiction and imposed its jurisdiction despite being told it did not have jurisdiction as the matter was first filed in Indian Court and the same matter cannot be tried by 2 separate courts. This statement is on records., still the NJ Court decided to ignore it.

I am in India at this time and a naturalized US Citizen.

What are my options if I were to return to USA.

Am I reqd to obey the NJ order.


Asked on 11/12/08, 5:54 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Divorce Decree in India and NJ,USA..

If you think that the courts of New Jersey are going to recognized the rulings of an Indian court where a New Jersey court has made legal findings and ruling you are mistaken.

I do not know if any warrant has been issued for your arrest for contempt of the New Jersey court rulings. Depending upon the level of contemp charged you could be arrest upon entry to the United States no matter what state were your point of entry.

You migt consider that you are thinking that the most powerful country on the planet might not feel bound by the ruling of another nation's court. The law of India applies in India only. Place on foot in this country and you will realize that you are no longer in India.

Contact me further if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/12/08, 6:20 am


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