Greetings,
I represent a woman, Defendant, who was served with divorce papers and a motion for pendente lite. The Defendant claims they were married in 1996 in a foreign country. My client claims she was never married. After some calls, I received a copy of a divorce complaint that was previously filed in 2009 by the Plaintiff but named another woman. My question is whether I should file an Answer and counterclaim (frivolous litigation) and simultaneously respond to the pendente lite motion by filing a cross motion to dismiss the complaint? If I do both, do I still need to defend the pendente lite motion or can I ask for it to be stayed pending the outcome of the cross-motion to dismiss? Will I waive my objection to pendente lite if I do not respond to it in my cross?
Thank you.
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Wendy Armour Esq.
Metuchen NJ
(732)966-7505
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