Full question:
My wife and me are Mexican citizens (married in Mexico) and US Permanent Residents (for the last month). We have one daughter (resident) and two children US citizens.She wants to divorce in the US and move to Mexico with the kids. I want them to stay in the US but I know I cannot force her to live where she does not want to.Can we divorce in the US or does it have to be in Mexico?
- Category: Divorce
- Date:
- State: New Jersey
Answer:
To file for divorce in New Jersey, at least one spouse must be a bona fide resident of the state. The court requires jurisdiction to accept the case, which can be established if:
- At the time the cause of action arose, either party was a bona fide resident of New Jersey and has remained so until filing; or
- Since the cause of action arose, one party has become a bona fide resident of New Jersey for at least one year prior to filing.
When minor children are involved, New Jersey courts aim to minimize emotional trauma. If parents cannot agree on child-related issues, the court will determine custody arrangements based on the children's best interests.
A custody determination made by a New Jersey court is binding on all parties who have been properly notified or who have submitted to the court's jurisdiction. The court will consider factors such as the children's physical, emotional, and everyday needs, as well as the wishes of the child if they are old enough to express them.
Your marriage as resident aliens will not affect your resident status due to the divorce. The New Jersey court will maintain authority to enforce orders related to property, child custody, visitation, and support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.