Legal Question in Family Law in New Jersey
Indian divorce in USA
and my wife are Indian citizens, muslims. We had a 3 year marriage and reside in the State of New Jersey. One child about 1 year old was born of the marriage. She left to India with the child in Sept 2008 and sent an Islamic request for divorce. I immediately filed a case in the US court for divorce in Oct 2008. She filed a divorce in the Indian court in Nov 2008. They have represented through their US attorney to dismiss the case here since in their opinion India has jurisdiction over the issue and they adamantly only want this handled in India. I have been worn out due to spending on attorney's expenses in two countries. The motivation for me to file a divorce here was that we have a joint property here and I need her signature to transfer over the deed My question is this. The Indian court divorce decree will not refer to the US property. However, they will provide a divorce decree clearly stating what compensation she is entitled to as a full and final settlement. Can I then use this Indian divorce decree to present to the court in the US and ask for my property to be transferred to my name since the divorce decree provided is full and final? If this can be done, I can withdraw my case here now. Kindly advise.
2 Answers from Attorneys
Re: Indian divorce in USA
Your New Jersey divorce action was filed first and New Jersey obtained jurisdiction based on your one year residency prior to filing for divorce in New Jersey. New Jersey is not going to recognize the Indian action for divorce because New Jersey had jurisdiction when she filed for divorce in India.
Gary Moore
Re: Indian divorce in USA
You should get an attorney to help you. Do not dismiss the New Jersey lawsuit until you have the advice of an expert divorce attorney.
This just should not be all that complicated in the New Jersey courts.
If you would like me to help you, please give me a call; I am in Hackensack (northern New Jersey). 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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