Legal Question in Family Law in New Jersey
Serving Dicorce Papers in a Foreign Country
I am filing for divorce in NJ and my husband is in Ecuador. Since I plan to file in NJ for a Default Divorce and I understand that only I have to sign the divorce papers, Can I notify my spouse by delivering a copy of the divorce papers? by an authorized process server or by certified mail?.
I understand that the spouse being ''served'' with the divorce papers is not required to sign anything. All that is required is proof that they were notified - not their consent. I cannot be forced to stay married to someone I don't want.
Can he be served with the papers there? Can a NJ Divorce be legal in Ecuador?
thank you
2 Answers from Attorneys
Re: Serving Dicorce Papers in a Foreign Country
You must have someone in that country serve a copy of the divorce complaint and a summons upon your spouse there and sign an affidvait provided by you before a notary public in that country stating
where and on what date the papers were served upon your spouse. That affidavit is then filed with the court here.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Serving Dicorce Papers in a Foreign Country
You need to retain an attorney to represent you in your divorce proceeding.
Your attorney will assist you with having your husband properly served, via a process server, internationally. Of course, this can be extremely difficult, but it is necessary to be sure that your divorce proceeding is valid, even if your husband does not want to particpate actively. Due process of law requires that any party to litigation receive notice and opportunity to be heard.
Regarding the issue of whether a NJ divorce can be legal in Ecuador, that would depend on the laws of Ecuador.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]