NJSBA Family Law Section

Hello, 

I'm hoping someone can shed some light on this for me. Client is a Brazilian national separated from her husband for over 10 years. He is still in Brazil. Client would like to get divorced. I made some inquiries as to how to serve the husband and the official international service to be effectuated in Brazil is simply prohibitively expensive (over $2,000) and takes about 18 months. Would the courts in New Jersey permit some other kind of substituted service, like perhaps via fed ex? Client does not care if Brazil recognizes this divorce, it needs to be valid here in the U.S. She has a boyfriend who proposed so they hope to get married. Husband will not sign a waiver. He either refuses any communication or demands ungodly amount of money to cooperate. I was planning to file a complaint for divorce and motion for custody (needs to happen because child qualifies for SIJS) and now I wonder if the motion for substituted service needs to be filed separately or can be combined with the custody motion? What's the best way to approach this?

Thank you very much for any advice.

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Natalia Teper Esq.
Pennington NJ
(609)737-3030
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We actually just handled a case where we were trying to serve Complaint for Divorce on someone in Brazil. We just had to go the route of publication in a New Jersey newspaper. Based on our inability to find the Defendant, the judge granted the motion for publication and we are currently waiting on a default date.

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Megan Hodes Esq.
Wyckoff NJ
(201)913-4916
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Original Message:
Sent: 01-23-2018 16:30
From: Natalia Teper
Subject: divorce - international service / substituted service - advice needed

Hello,

I'm hoping someone can shed some light on this for me. Client is a Brazilian national separated from her husband for over 10 years. He is still in Brazil. Client would like to get divorced. I made some inquiries as to how to serve the husband and the official international service to be effectuated in Brazil is simply prohibitively expensive (over $2,000) and takes about 18 months. Would the courts in New Jersey permit some other kind of substituted service, like perhaps via fed ex? Client does not care if Brazil recognizes this divorce, it needs to be valid here in the U.S. She has a boyfriend who proposed so they hope to get married. Husband will not sign a waiver. He either refuses any communication or demands ungodly amount of money to cooperate. I was planning to file a complaint for divorce and motion for custody (needs to happen because child qualifies for SIJS) and now I wonder if the motion for substituted service needs to be filed separately or can be combined with the custody motion? What's the best way to approach this?

Thank you very much for any advice.

------------------------------
Natalia Teper Esq.
Pennington NJ
(609)737-3030
------------------------------

Original Message------

We actually just handled a case where we were trying to serve Complaint for Divorce on someone in Brazil. We just had to go the route of publication in a New Jersey newspaper. Based on our inability to find the Defendant, the judge granted the motion for publication and we are currently waiting on a default date.

------------------------------
Megan Hodes Esq.
Wyckoff NJ
(201)913-4916
------------------------------