Legal Question in Family Law in New Jersey

re-entry to usa

A US citizen of Indian orgin, granted citizenship in 2001.

Within days of obtaining citizenship my ex showed her true colors and we ended up in a divorce. I had filed in india as we were married in india under provisios of hindu marriage act which states that jurisdiction lies with the court in india where the marriage took place.

However, my ex filed in nj, after me filing for a divorce in india. She tried serving me in nj but i was not served. She produced false affidavit of service and an order was passed by nj court despite me not submitting to court jurisdiction.

Appeal judges confirmed the order of superior court nj, family part which gave her full custody and no visitation rights to me. I had left on attorney advise to india when service was attempted in nj.

The Indian Courts have declared that the order passed by NJ court is null and void, and is non binding/non executable in india

I have few credit card, bank loans. Tax returns have not been filed for few years. there has been no substantial income in usa and the earnings are well below the standard deductions overall, except 1 year.

if i were to return to usa what problems can i face. can i re-enter, stay/work in other state.

Please advise


Asked on 1/27/06, 3:14 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: re-entry to usa

Unless the judgment of divorce relates to the distribution of your financial assets, your financial assets are safe, but if an order of child support or spousal support is a part of the divorce judgment there could be substantial arrears which could be reduced to a judgment which could be executed upon any assets or income that you have or earn in the U.S.A.

As for visitation, you can move before the Court for that, the Court wants children to experience both parents equally if that is reasonably feasible.

Unless you are going to remain in India your divorce judgment there has little value in this country.

You need to speak at length with an attorney whose services you retain. My ability to respond to your concerns is greatly limited by this means of communication.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/27/06, 4:57 pm


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