Will a foreign judgment of divorce be enforced if it violates New Jersey pubic policy?
Absolutely not! A foreign judgment of divorce will not be recognized in New Jersey if it was obtained under circumstances that offends public policy. If, for example, a judgment of divorce was obtained in a foreign country and it included a custody decision that was not based on the “best interests” standard, then it should not be recognized. A very illustrative case is Ali v. Ali, 279 N.J. Super. 154 (Ch. Div. 1994). In the Ali case, the wife was an American citizen while the husband was a Palestinian. For several years, the parties and their child resided in Gaza. Then, the parties separated and the wife moved to New Jersey, while the child remained in Gaza with the husband. Subsequently, the husband and the child moved to the United States where they lived for approximately two years. Then, the child and the husband went back to Gaza. Several days after returning to Gaza, the husband obtained an ex parte divorce and an order of custody. The custody decision was not based upon the be
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