When you and your spouse make the tough decision to part ways, this means that you may physically separate. The space between you may be drastically large if your spouse decides to move to another country. While you may respect their decision or generally want them to do what is best for them, you may worry that this throws a wrench in your divorce proceedings if you have yet to initiate a filing. Well, please continue reading to learn how to finalize a divorce when your spouse lives abroad and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can ensure this is not made unnecessarily complicated for you.
Can I get a divorce in New Jersey if my spouse lives abroad?
Rest assured, undergoing an international divorce with your spouse who currently lives abroad may be easier than you initially anticipate. You may be able to execute this all within the state of New Jersey, so long as you yourself have lived in the state as a bona fide resident for at least 12 months before you file. As long as you meet this residency requirement, it does not matter if your spouse does not.
That said, the most difficult thing may be complying with the international legal procedures for serving the divorce papers to your spouse. If your spouse lives in a member country of the Hague-Convention, you may use this designated central authority to have the divorce documents officially served on your behalf. If not, you may seek the assistance of the United States embassy or consulate in this foreign country. Or, the New Jersey family court may have to send a Letters Rogatory to a court in this foreign country. In any case, you should have an attorney guide you through this complex service process.
Is it necessary for my spouse to appear in court for our divorce case?
Even though your spouse does not necessarily have to be in the same state as you when you serve them with divorce papers, you may wonder whether they are expected to appear in person in the New Jersey family courtroom for your ongoing divorce case proceedings. Well, thanks to modern communication methods like video conferencing, emailing, faxing, and inexpensive or free international calling options, your international spouse may not have to travel back to the United States to execute this.
In fact, your spouse may designate their New Jersey-based divorce attorney as their power of attorney, which gives them the legal authority to represent them in court. However, this may only work out in their favor if you generally agree on all the proposed terms of your divorce. That is, for disagreements or more complex conditions like international assets or child custody disputes, or questions on whether their new home country will recognize this divorce judgment, they may need to make travel plans.
For further legal assistance, please hire a skilled Bergen County family law attorney from McNerney & McAuliffe. Schedule your initial consultation with us today, and see just how much we can do for you.