Legal Question in Family Law in New Jersey
divorcing a non american
A person who is not an american cititizen ( whose country does not recognize divorce) is married to an american citizen. They separated right after marriage. The american files a divorce. What are the rights of his spouse? They have a daughter.
2 Answers from Attorneys
Re: divorcing a non american
I hope that you understand that when an action for divorce is filed in New Jersey it is the law of New Jersey which applies. The spouse's rights are determined by the law of New Jersey is to share in any property acquired during the marriage and to obtain child support payments by the other spouse, if the child is in the spouse's custody. Spousal support can be obtained, on a temporary basis, where there is necessity for same, but a brief marriage does not justify the payment of alimony, usually.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: divorcing a non american
the noncitizen has the same rights in a New Jersey divorce court to child custody, child support, possibly alimony ( not likely for a short term marriage but I am not sure), division of assets and other legal rights, as any US citizen would have. Her immigration status does not change any of that.
She is probably unfamiliar with the laws of this State. She should talk to a lawyer immediately. There is a child involved, and this is important.
Please have her call me; I never charge for a first telephone call.