Share Us On:

A New Jersey Divorce From Someone Living In A Foreign Country Such as India, China, Phillipines, Africa

Jul 19, 2016 @ 09:11 PM — by Michael Green

A New Jersey Divorce From Someone Living In A Foreign Country Such as India, China, Phillipines, Africa.  There are times where a party wants to divorce another party that may be living abroad in a foreign country.  I am often asked whether it can be done.  Usually, the biggest issue with these divorces is service upon the other party in the foreign country. Generally, so long as personal service may be accomplished, the divorce may be put through in New Jersey.  Initially, a divorce complaint and summons must be served upon the other party.  If that other party is willing to sign off on an acknowledgment of service in the presence of a notary, generally, the Court will recognize that as good service.  If neither personal service or an acknowledgment of service may not be obtained, there is also the possibility of motioning the court for substituted service via publication in a newspaper where the other party may be living or last known address.  All of these methods may be utilized to ultimately accomplish service of the summons and complaint and allow the divorce in New Jersey to proceed.  Thereafter, if the party filing the divorce complaint is not looking for equitable distribution or child support or alimony, there may not need to be a property settlement agreement or a notice of proposed judgment of divorce.  If however, terms of equitable distribution, child support, child custody or alimony are sought in the divorce by the filing party, then either a property settlement agreement or a notice of proposed judgment of divorce will be necessary.  A notice of proposed judgment may be served upon the other party abroad, if they are in default, and have not answered the complaint for divorce in a New Jersey court, that contains the terms of the divorce that are proposed.  If the party abroad does not object, the divorce and its terms will generally proceed.  Our office has divorced parties in New Jersey where one of the parties was living abroad in or moved to India, Guyana, Philippines, China, Hong Kong, Nigeria, South Africa, Egypt and other countries.  If you wish to file a New Jersey divorce where the other party may be moving abroad or has already done so, call us at 732-390-0480 or 201-242-1119 in our Fort Lee or East Brunswick offices for a free consultation.  Our experienced NJ divorce lawyer and NJ divorce attorney can help you with your case. Ask us about our flat fee divorce schedule for NJ default divorces or NJ uncontested divorces.   

Comments (0)

Public comments are closed.