Legal Question in Family Law in New Jersey
My husband and I are both green card holders and have been living in the US for the past 10 years, we were married when we lived in the UK. If we were to get divorced would we do this through the US law or UK law?
2 Answers from Attorneys
As you are residing in US at this time you shall file your divorce in US and in the county where you are residing at this time, notwithstanding the fact that you got married in UK.
Moreover, If you and your spouse are both in consent to get divorced; both will sign the necessary documents; and at least one of you will fly to appear before the Judge on the day of the divorce hearing, you can file for a Fast divorce by mutual consent in the Dominican Republic.
A special provision in Dominican divorce law (142) allows foreign citizens, not living in the Dominican Republic, to obtain a fast divorce by mutual consent in the Dominican Republic without any residency requirement, waiting periods or classes. The Dominican divorce if done with due process is valid in US and worldwide.
You can read more about the Dominican fast divorce at:
The Embassy of the United States on Divorce by mutual consent for US citizens (scroll the page to the bottom): http://santodomingo.usembassy.gov/divorce_dr_mc.html
The Fastest Way to Divorce Worldwide: http://www.dfastdivorce.com
The U.S. Department of State on divorces overseas;
http://travel.state.gov/law/info/marriage/marriage_641.html
The Dominican Republic Embassy in Washington, D.C.
http://www.domrep.org/divorce.html
Based on what you have provided as facts, you would file for divorce in New Jersey (assuming you meet the residency requirements here).
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