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How is it the progress for divorce when you have a child and your wife is a non USA legally resident, I live in Newark nj

Newark, NJ |

How is the divorce process when you are married and your wife is a non USA legally resident.. How will be the alimony and child support will be assigned? What percentage of my income will be calculated if my income is 27,000 yealy.

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Attorney answers 3

Best Answer

The other attorney answers are on target. The only issue may be for your wife if you filed the petition for her residency based upon the marriage. The length of time the two of you were married is important, although the fact that you and she presumably had a child together should defeat any idea of there have been fraud in the marriage for purposes of establishing residency.

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The divorce process is not necessarily altered in any significant way as a result of your wife's immigration status. As long as you have been a resident of New Jersey for the past year and your wife has similar ties to New Jersey, New Jersey will have jurisdiction to address your divorce matter.

Issues of setting alimony and child support require more facts and information than you have provided, although if your annual income is truly only $27,000 a year your exposure to having a significant alimony obligation will surely be minimal.

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....great response base in what explained. My wife lives out of the country in europe and non usa resident. Can I attend to court only myself without her since lives in another country or she must be present the court day for the divorce process?

Kenneth A White

Kenneth A White


Her presence is not necessary...It would be helpful if your wife executed a Marital Settlement Agreement, confirming the terms of the divorce by consent, so that the court can process the paperwork smoothly.


I agree with the prior response. You appear to have jurisdiction in New Jersey and there is not enough info for us to know amounts for child support or alimony. There are many factors that go into these financial calculations and alimony is particularly tricky since it is not an exact formula. There may also be an immigration issue if you are indicating that your wife is not a permanent resident, because many times folks her illegally apply for their permanent residence through their marriage. Clearly, if you are divorcing, she can no longer use or rely upon you to become legal. If you can find a decent divorce lawyer in your area who also handles immigration issues, that may be your best bet. Best of luck to you.

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