Legal Question in Family Law in New Jersey

Re: No Fault Divorce complications

the advice she received is garbled nonsense. i think she should hire another attorney, who does a good deal of divorce law. should not be hard to find.

no, you need not wait 18 months IF you (or she) can show that one of the OTHER bases for divorce exists. the most commonly used basis is 'extreme cruelty'.

service of process will not be an issue where both of you agree to the divorce and both sign required documents.

Hudson County is not too far from me; I could take on your wife as my client, if she should so choose. This memorandum from myself to you does mean that you would have to consent to my doing so. Entirely up to the both of you.

I handled one case where the German husband divorced his Italian model wife who lived here. This situation is more common than one would suppose.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: No Fault Divorce complications

Unless there is some misprepresentation to the court, 18 months is 18 months. There is a bill pending changing it to 6 months, but it has not become law yet. The only quicker way to file for divorce is for a divorce based on grounds such as cruelty or adultery (desertion is one year). As to service, you could acknowledge service when papers are sent to you by having something notarized at the American Embassy. That should not be very expensive. Tell your wife to try another lawyer or if you need representation we can help you. Good luck.

Re: No Fault Divorce complications

Some are so taken by the idea of a no fault divorce, based on 18 months of uninterrupted separation, that they fail to grasp that New Jersey being a no fault state the other grounds of divorce are very easy to satisfy. Most divorces are based on extreme cruelty because the courts in this state have interpreted extreme cruelty

so loosely that it really amounts to irroncilable differences.

You can get divorce anytime if there is a mutual lack of affection; lack of sexual relations or an excessive amount of arguing.

I usually attempt to get the other spouse to sign an acknowlegement of service of a copy of the complaint for

divorce and summons to avoid the expense of paying someone to personally serve these papers on the other party. Usually that is what happens.

Call me if you like or we can communicate by emails.

You do not have to come to this country to get divorce; you only need an attorney who will appear in court for you and you can appear by speakerphone.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: No Fault Divorce complications

The other attorneys have pretty much answered your question, but if you need another person to consult with, feel free to contact me as my initial consultations are always free.