Legal Question in Family Law in New Jersey

husband overseas

Hi, How can I file for divorce,in usa while my husband and son age 15, in india. husband never worked to support me or kid. waiting for leagal status to enter usa since 7 years. Is there any expences ican recover from my husband.married in N.J. husband left the country. And I can divorce him in N.J. or I have to travel to india. I am affraid to go to India, He may kill me.


Asked on 8/28/06, 2:40 pm

4 Answers from Attorneys

Re: husband overseas

i am afraid it is not as simple as it is made out to be.

the main issue is whether the divorce obtained in USA without following the indian law would be applicable in india.

in that regard the answer is, it can be followed in india but before doing so, it has to be ratified/adopted by the indian court by following the indian standards of divorce.

however, if both the parties are agreed to divorce, then i do not see much of a problem in getting the divorce.

so far as your apprehension of injury is concerned, it can be taken care of by informing police and seeking protection from it.

for further details you can contact me.

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Answered on 9/23/06, 4:41 am
Barry Kozyra Kozyra & Hartz, LLC

Re: husband overseas

You can file for divorce here as you have been a resident for quite some time. Collection on money debts is more problematic and would have to be investigated by your attorney when he/she meets with you.

Legal matters such as yours and their outcome are dependent on a full examination of the facts. Yous should consult with an attorney as soon as possible to protect your rights.

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Answered on 8/28/06, 2:48 pm
Gary Moore Gary Moore Attorney At Law

Re: husband overseas

You need only residence in New Jersey for a year to file a complaint for divorce in New Jersey. You have that. The other requirement is that someone personally hand a copy of the complaint for divorce and a summons to your husband. It is a simple matter to pay someone 18 years of age or older to serve the papers on your husband and to sign a certified statement as to same.

Give me a call if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/28/06, 3:33 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: husband overseas

You just need to get him served. I suggest looking for an international process server or one in India.

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Answered on 8/28/06, 4:42 pm


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