Legal Question in Family Law in New Jersey

Can H1B visa holder get ex parte divorce in new jersey from H4 wife living abroad?

I am on H1B working in New Jersey since few years. My wife came here on H4 visa from India and left me about an year ago to her parents home in India. Marriage was done about 2 years ago in India. Wedding was registered in India but not in USA. Things will not work out between us and I want to move on in life by divorcing her, but she will not co-operate. Her parents are expecting a huge sum of money for mutual consent divorce in India. I would like to get an uncontested exparte divorce in NJ if she doesn't co-operate.

No kids and no assets were bought. Only I am working and she is housewife.

1. do I need to serve papers to my wife in India using registered mail or by hague service convention? What if she doesn't accept the registered mail papers or they live in a different address now? We don't keep in touch.

2.if wife later accepts for mutual consent, can ex-party divorce petition be changed to mutual consent divorce petition? wife was here on H4 visa and had no SSN. Is it required to file divorce?

4.can wife in india ask court for B2/H4 visa(H4 expired) and legal/living expenses until case is closed if she likes to come to USA and contest?

5.once ex-parte divorce decree is granted, can court cancel it if my wife contests later

Asked on 12/14/15, 6:22 pm

1 Answer from Attorneys

Amy Klauber Klauber & Klauber, LLP

You will need to serve your wife with the complaint for divorce as she has the right to appear and oppose it. If she chooses not to appear, you can get a divorce by default judgment. This will end the marriage but will not address any financial issues. If she contests if before a final judgment is entered, there may be some litigation, but, ultimately, you will still get a divorce. If she does not appear until after a final judgment is entered, it will be too late. Please call me to discuss this matter further.

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Answered on 12/15/15, 7:34 am

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