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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I am married to my childhood lover, who file and brought me

Customer Question

I am married to my childhood lover, who file and brought me into America, pretend he was going to Italy for business got three children from a woman over there, constantly lie to get money from me, as if this not enough went to nigeria and impersonate me to deceive the judge to get device, now he came to America to try and esterblish it here in the state . the family court has just written to be to respond if I want a hearing, now my question is that I do not want it esterblish here in the US, base on the fact that I was not duely represented in nigeria in court and there is a landed property I contributed to and bought in his name, that is in his possession, will I be able to stop him?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
Yes, I suggest, you can tell the court you want a hearing date. And at the hearing present your story and the evidence that you never agreed to the divorce in Nigeria. Additionally, your signature was forged.
I also suggest, if you cannot afford a private attorney to help you, that you contact Legal Aid near you and consult with them to see if you qualify for their assistance in the matter
Here is the contact information (###) ###-####
Please note that I can only provide information for questions you ask in this regard.
So if you have others or need clarification, please let me know here.
Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time in providing you true and correct information.
Thank you
Customer: replied 1 year ago.
Your suggestion is ok, I believe you are a lawyer, I wanted an expect advice on how to be able to stop him siteing instances in respect to the America law, while this devoice should not be estrebling here in America. thanks
Expert:  Sam replied 1 year ago.
HelloThank you. I understand. And I suggest that you need to request the hearing date. But I cannot provide you any case law in this regard. However, the law prohibits any type of registration of a foreign divorce or marriage if the rules and procedures of the country where it was granted have not been followed. So it will be up to you to show that the laws of Nigeria were violated in obtaining the divorce because of the forgery of your signature. And I suggest that a NY court will look for the following to be present before they will recognize the Nigerian divorce both spouses must receive adequate noticethere must be some physical presence on the part of at least one spouse within the jurisdiction (authority) of the court rendering the divorce - this is usually met when the requesting spouse is in the foreign country to deal with the divorce proceedings, andthere must be some type of personal appearance or submission to the foreign court’s authority by the responding spouse (the spouse that is not seeking the divorce) - this is typically met by the responding spouse either appearing in person in the foreign court, or signing something showing that he or she agreed to allow the foreign court to make divorce-related decisions and terminate the marriage, such as a written response to the divorce.
Expert:  Sam replied 1 year ago.
I suggest that the 3rd provision needs to be proved that you were not present, you did not agree or sign anything there must be some type of personal appearance or submission to the foreign court’s authority by the responding spouse (the spouse that is not seeking the divorce) - this is typically met by the responding spouse either appearing in person in the foreign court, or signing something showing that he or she agreed to allow the foreign court to make divorce-related decisions and terminate the marriage, such as a written response to the divorce.

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