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NJ contested divorce laws and procedures

I need help with the divorce process, can you please help me?
I was married two years ago in NYC, and we never lived together.
I filed for divorce last year 9/12/09 in NYC, for uncontested
divorce. He refused, can I continue to file contested divorce in New
Jersey? Were I live?

I would like to divorce as fast as possible. He married me for green card, and he doesnt. want to divorce me because he want his green card, and he is violent and abusive, have threatened me and was arrested for hitting me when I say I want divorce from him.

Please help!

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Attorney answers (3)

Avvo Pro

Reputation Level 15
If all you are seeking is a divorce and either one of you lives in NJ, you can file for divorce here. NJ has jurisdiction over the "res of the marriage" and can divorce you, but if he's never lived in NJ, you can't be awarded support or equitable distribution.

If he is abusive toward you, you should look into obtaining a restraining order. If you call your local police department (911 if there is an active threat or emergency, regular number otherwise), they can put you in touch with a domestic violence advocate - every police department in New Jersey is required to have this information.
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Reputation Level 9
If you have been in New Jersey for more than a year, you can get a divorce here. You may want to contact an immigration attorney regarding his green card status. If he married you for a green card and you did not know, you may be able to get an annulment.
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Reputation Level 12
Generally, to file a divorce in NJ you must be a resident for one year or more. Also, you cannot have one case pending in NY and one in NJ.
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Other answers (1)

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meriam

You should call the NYC court and find out if the case is still open there. If it is closed, you can file in NJ, assuming that you have been living in NJ for at least 1 year prior to the filing. Even if he refuses to divorce you, you can still get divorced. You should definitely contact immigration with regards to the green card situation. Also, you should consider getting a restraining order if he is abusive towards you. Please take care of yourself and stay well.

Meriam Girgis
NJ Paralegal Services
www.njparalegalservices.com
2 people marked this answer as good

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