What are some of the factors that a New Jersey court will consider when it determines whether to recognize a foreign judgment of divorce?
A New Jersey court will only recognize a foreign judgment of divorce if it is in accordance with the principles of comity among nations. New Jersey is under no constitutional obligation to recognize a foreign judgment of divorce. A New Jersey court will closely scrutinize the facts of a case to determine whether the foreign judgment of divorce violates a person’s basic due process rights. In determining whether to recognize a divorce judgment of a foreign nation is valid, a New Jersey court will consider several factors. Each case is decided on an individual basis. It important to emphasize that the issue of recognizing foreign judgments of divorce is not decided on a “cookie cutter” basis. The merits of each case are different. The circumstances of the litigants vary significant in every application. Therefore, each application is extremely fact sensitive. The most important factor that a court will consider is the domicile of the parties. Generally, if neither spouse was domiciled in
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