Divorce, the legal termination of a marriage, is an emotionally challenging process. When one spouse resides in another country, the complexities intensify. If you are currently in New Jersey and contemplating divorce proceedings while your spouse is abroad, this article aims to equip you with the necessary information.
Filing for Divorce in New Jersey
To initiate a divorce in New Jersey, either you or your spouse must have resided in the state continuously for a minimum of 12 months before filing. Even if your spouse is not physically present in the state, you can still pursue a divorce in New Jersey as long as you fulfill this residency requirement.
Service of Process
In New Jersey, the divorce process commences by filing a complaint with the court. Subsequently, it is imperative to serve a copy of this complaint to your spouse. If your spouse is residing outside the country, you must adhere to the service of process regulations applicable in New Jersey.
International Service of Process
In the event that your spouse is currently living abroad, you must adhere to the service of process guidelines prescribed by the country where they are residing. This is known as international service of process. To facilitate this, you may choose to engage a private company or process server who can deliver the divorce papers to your spouse.
International service of process is governed by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. This convention outlines the procedures to be followed when serving divorce papers in other countries.
Default Divorce
In situations where your spouse is out of the country and you have made sincere attempts to serve them, but they have not responded, you may potentially obtain a default divorce. In New Jersey, a default divorce is granted when one spouse fails to respond to the divorce complaint within a specified timeframe.
To acquire a default divorce, you will need to submit a request for judgment to the court. Upon reviewing your case, the judge may grant the divorce without requiring a hearing or any additional action from your end.
Conclusion
Undertaking a divorce can be a complex process, particularly when one spouse is residing abroad. However, with the appropriate guidance and legal counsel, you can navigate these intricacies successfully.
To file for divorce in New Jersey, it is essential to meet the residency requirement. Once the filing is completed, you must meticulously follow the proper legal procedures for serving the divorce papers to your spouse abroad. International service of process is regulated by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
In the event that your spouse does not respond to the divorce complaint, a default divorce may be granted. Seeking assistance from a knowledgeable attorney who can provide you with the necessary guidance and legal advice is highly recommended throughout your divorce case.