NJSBA Family Law Section

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  • 1.  Divorce Jurisdiction

    Posted 06-19-2014 01:47 PM


    I negotiated and prepared a settlement agreement for client, which his spouse signed.  At the time client and I began in early April, he was living in NJ in the marital home and wife had moved to NY.  As part of the settlement agreement, house was put up for sale.  Client and spouse just signed the settlement agreement about a week ago after some back and forth negotiating.  I was preparing the complaint for filing and when client signed the confidential litigant info statement, he had a NY address.  When I inquired, he said he had closed on the home in early June, unknown to me.  I believe there is now no jurisdiction to file in NJ as neither spouse is a NJ resident at the time of the commencement of the action.  Am I correct?  Is there any interpretive caselaw to the contrary?

    Thanks,
    Clara

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    Law Office of
    Clara S. Licata, Esq.
    55 Harristown Rd.
    Suite 302
    Glen Rock, NJ 07452
    201-612-1170
    Fax 201-612-1179
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  • 2.  RE: Divorce Jurisdiction

    Posted 06-20-2014 11:16 AM

    I think you are correct.  I am not aware of any case or rule that provides any help for you

     






  • 3.  RE: Divorce Jurisdiction

    Posted 06-20-2014 11:49 AM

    Thanks, Steve.

    Clara
    -------------------------------------------
    Law Office of
    Clara S. Licata, Esq.
    55 Harristown Rd.
    Suite 302
    Glen Rock, NJ 07452
    201-612-1170
    Fax 201-612-1179
    -------------------------------------------