NJSBA Family Law Section

 View Only

  • 1.  Divorce filed in PA, transferred to NJ

    Posted 09-27-2017 03:48 PM
    I have a client who filed for divorce in Pennsylvania when she lived there, but has since moved to New Jersey. The kids also live in New Jersey, and the husband moved down South. Her PA lawyer wants to transfer the divorce matter to New Jersey. NJ definitely has jurisdiction for custody & support, but will NJ grant a divorce if she hasn't live here for a year? Does filing in PA and transferring allow NJ to grant the divorce, or does that action need to stay in PA?

    --

    Wesley Fenza, Esquire|FENZA LEGAL SERVICES

    970 Haddon Avenue, #13, Collingswood, NJ 08108

    Phone: 856-477-3756|Email: wfenza@fenzalawcom 


    Connect with me on LinkedIn | Follow me on Twitter | Like me on Facebook


    ____________________________________________


    This communication is not intended as legal advice, and no attorney client relationship results without a signed fee agreement. This message contains information which may be confidential and privileged. Unless you are the intended addressee (or authorized to receive for the intended addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply and delete the message.


  • 2.  RE: Divorce filed in PA, transferred to NJ

    Posted 09-27-2017 04:04 PM

    Was adultery one of the PA claims? if so, the 1 year NJ residency requirement is waived.

    Tom

     

    Thomas R. King, Esq

    C: 973-750-8348
    www.njfamily.law - www.njdivorce.law

     

    This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, please notify us by return e-mail and delete this message.

     

     




    Original Message


  • 3.  RE: Divorce filed in PA, transferred to NJ

    Posted 09-27-2017 04:23 PM
    No, there was no adultery claim. The 1-year requirement would apply if filed in New Jersey originally.



    Original Message


  • 4.  RE: Divorce filed in PA, transferred to NJ

    Posted 09-27-2017 04:48 PM

    Wesley,

      Do you really mean "transfer?"

      I think you would have to withdraw the PA complaint and file a new NJ complaint, when the residency requirement is met.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




    Original Message


  • 5.  RE: Divorce filed in PA, transferred to NJ

    Posted 09-27-2017 06:48 PM
    She must live here for a year it would be to her benefit to dismiss the PENNSYLVANIA action and file the New Jersey action when she's there one year

    Sent from my iPhone



    Original Message