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How can I file for divorce from an illegal alien that was deported?

Ridgewood, NJ |

I would like to know how to obtain a divorce from an illegal alien that was deported almost 3 years ago. The divorce would be from New Jersey and we do have a child together for whom he does not send finacial support to.any help would be greatly appreciated,

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Attorney answers 5

Posted

You need to consult a New Jersey family attorney. The process of service requirement will probably take extra time as he most likely needs to be served with the divorce papers out of the country.

Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.

Posted

Talk to a family lawyer in NJ. This is not an immigration question.

www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.

Posted

I have done several divorces out of the country. As My colleagues ataree, proper legal service is the difficult Part. How we go about it, depends On your particular facts. A consultation would be good.

Posted

You may also want to discuss with your attorney "substituted service". If he was deported, service might be accomplished in an alternate way.

Robert Ricci, Jr., Esq.
Rahway, New Jersey
732-815-1122

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

Posted

If you can locate him to have him served or he's willing to sign, his living outside the country is irrelevant.

If you can't locate him, you'll have to proceed by publication. It can be tricky, and many judges have different standards for the hoops you'll have to jump through to provide you diligently tried to locate him. When the judge approves it, you'll publish a notice in the newspaper and that will be considered "service" of the complaint.

It's probably easier and quicker to do this through counsel - it shouldn't cost much if the terms are contested. If there's already an order (FD) as to custody, support, parenting time (etc), then you will just continue to terms of it in the divorce. To make the job easier for the attorney (and therefore cheaper for you), do your "homework" now on locating him - ask relatives (in writing and email), run internet searches, etc... do everything you can to prove you tried to find him. As I said, different judges require different things to prove you exhausted all efforts before they'll let you proceed via publication.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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