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I was married in another country but currenlty staying in the USA for 3 yrs in NJ. Can I still get a divorce even if she leaves

Jersey City, NJ |
Filed under: Divorce

I have been married for 3 years and would like to divorce with my wife. We have no children nor any joint savings/property. We were married in another country but have been staying here in the US for almost 3 yrs. She stopped working last December 2010. The reason for filing is irreconcilable differences. She is leaving the US. Is it possible to get a divorce here in the US. I would like to know what can be done and to protect myself legally.

Attorney Answers 2


Yes, you can get a divorce in New Jersey. If you have been a resident for one year or more and you have irreconcilable differences, you qualify for a New Jersey divorce. You should act quickly, however. If she is leaving the United States, it will be much more difficult and expensive to serve her with the divorce papers, once she leaves. It is better to serve her with the papers. here.

Please feel free to call, and I will walk you through your legal rights. We have offices in Jersey City.

Mark S. Guralnick
(201) 804-9000

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As long as you have been living in New Jersey for a year you can file for divorce here. It does not matter where you were married. If you are going to file you should file before she leaves the country, it will be easier to serve her if she is here. If you need any additional informaton please feel free to contact me at

This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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