May two resident aliens get divorced in the US?

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: 04/07/2025
• State: New Jersey

Answer:

In order to file for a divorce in New Jersey, you simply must be a resident of the state.

Residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

Jurisdiction in actions for divorce, either absolute or from bed and board, may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and

1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or

2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State. (New Jersey Statutes - Title 2 A - Chapters: 34-8, 34.10)

When minor children are involved in a divorce, the New Jersey courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

A child custody determination made by a court of this State that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this State or notified in accordance with Section 8 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

In determining the appropriate sole or joint custody arrangement the court will consider the following factors, but not limited to: 1. the physical, emotional, religious and everyday needs of the children 2. the wishes of the child is deemed to be of sufficient age and maturity. (New Jersey Statutes - Title 2 A - Chapters: 34-23)

Since your marriage is between 2 resident aliens, a divorce would not necessarily affect your resident alien status.

The New Jersey court who issues a divorce will retain the right to enforce its orders regarding property settlement, child custody/visitation and child support.