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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17886
Experience:  B.A.; M.B.A.; J.D.
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I was married in 2003 in New Jersey where I resided with my

Customer Question

I was married in 2003 in New Jersey where I resided with my husband at the time. Later we lived in New York for several years together. In 2006 we separated and signed a legal separation agreement, which I have notarized. He is israeli and remarried in
israel in a religious ceremony. He currently lives in Israel and I reside in Guatemala. How do I go about getting divorced? Which state would I have to file the papers in and how do I conclude the divorce if he is not present in the US?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

First and first, you must be residing in the United States in order to file for divorce. You cannot file for divorce while you outside the country. You can either file in New Jersey or New York or in any State in United States so long as you have resided in that particular State for requisite time. For residency requirements in all 50 States, click here. Click on the State you want to reside and file in for the filing requirements. Both New Jersey and New York have one-year residency requirements. That is, you must be residing in New Jersey or New York at least one year before filing for divorce in those States.

New Jersey Residency Requirement

New York Residency Requirements

You can serve him with the divorce papers in Israel and file Certificate of Service with the Court. The divorce process would proceed without him being present so long as you have certified to the Court that he has been served—you have filed Certificate of Service with the Court. There are companies that serve Court papers oversees. Click here to find the companies.