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?


Asked on 12/09/10, 12:23 pm

2 Answers from Attorneys

Aaron Suero Pedersini Aaron Suero Pedersini - www.dlawyers.com

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

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Answered on 12/14/10, 1:13 pm
Barry Kozyra Kozyra & Hartz, LLC

Based on what you have provided as facts, you would file for divorce in New Jersey (assuming you meet the residency requirements here).

We have a number of lawyers here who could assist you. Please call for a consultation if you are interested.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 12/15/10, 5:39 am


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