Legal Question in Family Law in New Jersey

Divorce law in usa for forigners

We married in Pakistan last year. My husband is on h-1 visa and living in NJ for last 4 years. I am on h-4 visa . We also have a baby now. I am not happy with him due to his attitude towards me. What are american divorce laws applicable on us? What i can claim from him? What will be my visa status after divorce?


Asked on 7/21/06, 2:46 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Divorce law in usa for forigners

Your current immigrant status exists until it does not; I would think until the divorce is final. Get a job as quickly as you can and have your employer apply for a similar status for you in your own name.

Everyone who comes before the Court in New Jersey is treated exactly the same way, whether you are citizen; have a green card or are an illegal alient. All the Court wants to know is that either you or your husband have lived in New Jersey for a year preceding the filing of the Complaint For Divorce.

In a divorce child custody is determine, usually the mother has primary residential custody of the child or children and receives child support from the husband based on his average, weekly net

income and the Court's guidelines for child support. The child support guidelines are the same in New Jersey whether you live in Bergen County or Cape May County.

There is question of alimony. If the incomes of the parties are roughly equal there is no alimony. If the income of the parties are substantially different the party who earns less get alimony; how much depends are the degree of disparity in the parties' incomes.

Alimony is permanet for a marriage that lasts for ten years or more and temporary for a marriage which lasts less than ten years. The fewer the years the parties have been married the shorter the period during which alimony payments are required.

All financial assets and liabilties acquired by the parties, except for gifts and inheritance, is subject to distribution between the parties, usually on a 50/50 basis.

Call me if you have more questions.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/21/06, 3:46 pm


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