QUESTION

What are the implications here if I want to file for divorce for irreconcilable reasons but I have property in India and no property or child in US?

Asked on Oct 28th, 2013 on Divorce - New Jersey
More details to this question:
I married in India. I am living with my spouse in NJ for 9 months. She is on H1 visa and I am on F1 visa.
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1 ANSWER

Divorce for Men Attorney serving Nutley, NJ at The Micklin Law Group, LLC
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Answer: A New Jersey court technically does not have jurisdiction over real property outside of the state and any order equitably distributing such property will only be as effective as a court in another state or country determines it to be in the event that it is met with a challenge. Within the U.S., this is usually not a problem, as a court of one state typically honors and defers to divorce agreements from other states. However, there is a likelihood that you would have difficulties trying to enforce an American divorce decree purporting to distribute real property in India in an Indian court of law in the event that your spouse challenges it. You should consult with an experienced matrimonial attorney in both New Jersey and India to find out what your rights are. Additionally, in order to be eligible to file for a divorce in New Jersey, you need to have resided here for at least one year prior to filing. You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.
Answered on Nov 07th, 2013 at 6:22 AM

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