NJSBA Family Law Section

Hi all,

I'm new to matrimonial law and could use your collective insights.  I represent the ex-wife in a bizarre law division matter where ex-husband mainly alleges marriage fraud.  The parties were married in another country in 2012.   They moved to New Jersey and made this home until the wife fled the marital home in 2016 due to domestic violence by her husband.  She moved to New York where has lived and worked since. Client was pregnant at the time she left the marital home and months later gave birth to the parties' only daughter in New York.  She sought child support in NY and he disputed paternity.  A DNA was ordered by the court and he was proven to be the child's father.  Client was awarded custody and child support per a family court in NY.

Husband filed for divorce in New Jersey and the court granted it in 2017.  He continued being abusive in communications with our client. So she applied and was awarded a TRO  from 2019 to 2021 by the Family Court New York.   She did not seek an FRO because ex-husband left her alone and ceased the harassment during the COVID-19 pandemic. 

In July of this year, he went to her church in New York and hand-delivered and photographed himself as he told our client she was "being served."  He dropped an envelope on her lap containing a complaint for an undisclosed amount of money damages filed in Law Division in New Jersey.  He is pro se. 

In his complaint in law division he alleges she committed  marriage fraud by not being a virgin at the time of marriage.  He also alleges she lied to police and the courts about him being abusive. He still disputes he was despite written judicial findings that he is incredible and she is credible about the abuse.    My first thought was that this is frivolous but theoretically if he's arguing marriage fraud it could be a triable issue of fact.  I filed a motion to dismiss in lieu of an answer in the law division matter.  I argued no personal jurisdiction since she has no contact with New Jersey.   I thought that would get rid of the case and it still might. But, ex-husband filed his pro se opposition consisting of court documents which actually help demonstrate how abusive he was to our client. But the court has scheduled oral argument on my motion for later this month. 

I'm thinking I'll need to file an amended motion and include other arguments.  I'm going to argue no service of process, no personal jurisdiction, and that ex-husband is collaterally estopped from bringing this suit since anything to do with marriage fraud could have been resolved by seeking an annulment or in the divorce case.  Anyone ever come across something like this Any other ideas or suggestions? 

In advance, thank you for your help.

Adelina

Adelina Herrarte

Senior Staff Attorney

she/her/hers

Volunteer Lawyers for Justice

PO Box 32040 | Newark, NJ 07102

T (973) 233-5637| F (973) 645-1954

[email protected]  www.vljnj.org

  Join us on October 12^th for in-person

       Arts & Eats for Justice Gala!

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This message contains confidential information, intended only for the person(s) named above, which may also be privileged. Any use, distribution, copying or disclosure by any other person is strictly prohibited. In such case, you should delete this message and kindly notify the sender via reply e-mail. Please advise immediately if you or your employer does not consent to Internet e-mail for messages of this kind.

Hi all,

I'm new to matrimonial law and could use your collective insights.  I represent the ex-wife in a bizarre law division matter where ex-husband mainly alleges marriage fraud.  The parties were married in another country in 2012.   They moved to New Jersey and made this home until the wife fled the marital home in 2016 due to domestic violence by her husband.  She moved to New York where has lived and worked since. Client was pregnant at the time she left the marital home and months later gave birth to the parties' only daughter in New York.  She sought child support in NY and he disputed paternity.  A DNA was ordered by the court and he was proven to be the child's father.  Client was awarded custody and child support per a family court in NY.

Husband filed for divorce in New Jersey and the court granted it in 2017.  He continued being abusive in communications with our client. So she applied and was awarded a TRO  from 2019 to 2021 by the Family Court New York.   She did not seek an FRO because ex-husband left her alone and ceased the harassment during the COVID-19 pandemic. 

In July of this year, he went to her church in New York and hand-delivered and photographed himself as he told our client she was "being served."  He dropped an envelope on her lap containing a complaint for an undisclosed amount of money damages filed in Law Division in New Jersey.  He is pro se. 

In his complaint in law division he alleges she committed  marriage fraud by not being a virgin at the time of marriage.  He also alleges she lied to police and the courts about him being abusive. He still disputes he was despite written judicial findings that he is incredible and she is credible about the abuse.    My first thought was that this is frivolous but theoretically if he's arguing marriage fraud it could be a triable issue of fact.  I filed a motion to dismiss in lieu of an answer in the law division matter.  I argued no personal jurisdiction since she has no contact with New Jersey.   I thought that would get rid of the case and it still might. But, ex-husband filed his pro se opposition consisting of court documents which actually help demonstrate how abusive he was to our client. But the court has scheduled oral argument on my motion for later this month. 

I'm thinking I'll need to file an amended motion and include other arguments.  I'm going to argue no service of process, no personal jurisdiction, and that ex-husband is collaterally estopped from bringing this suit since anything to do with marriage fraud could have been resolved by seeking an annulment or in the divorce case.  Anyone ever come across something like this Any other ideas or suggestions? 

In advance, thank you for your help.

Adelina

Adelina Herrarte

Senior Staff Attorney

she/her/hers

Volunteer Lawyers for Justice

PO Box 32040 | Newark, NJ 07102

T (973) 233-5637| F (973) 645-1954

[email protected]  www.vljnj.org

  Join us on October 12^th for in-person

       Arts & Eats for Justice Gala!

CONFIDENTIALITY NOTICE

This message contains confidential information, intended only for the person(s) named above, which may also be privileged. Any use, distribution, copying or disclosure by any other person is strictly prohibited. In such case, you should delete this message and kindly notify the sender via reply e-mail. Please advise immediately if you or your employer does not consent to Internet e-mail for messages of this kind.

My 2 cents

1. Service of the lawsuit was invalid under NJ Rules. Cannot be served by a party to the lawsuit (check the rule)
2. Entire controversy doctrine prohibits the second lawsuit regarding the marriage – should have been brought in the divorce
3. Your client can apply for a TRO and FRO in NJ (NJ accepts residences from other jurisdictions for protection).

Hi all,

I'm new to matrimonial law and could use your collective insights.  I represent the ex-wife in a bizarre law division matter where ex-husband mainly alleges marriage fraud.  The parties were married in another country in 2012.   They moved to New Jersey and made this home until the wife fled the marital home in 2016 due to domestic violence by her husband.  She moved to New York where has lived and worked since. Client was pregnant at the time she left the marital home and months later gave birth to the parties' only daughter in New York.  She sought child support in NY and he disputed paternity.  A DNA was ordered by the court and he was proven to be the child's father.  Client was awarded custody and child support per a family court in NY.

Husband filed for divorce in New Jersey and the court granted it in 2017.  He continued being abusive in communications with our client. So she applied and was awarded a TRO  from 2019 to 2021 by the Family Court New York.   She did not seek an FRO because ex-husband left her alone and ceased the harassment during the COVID-19 pandemic. 

In July of this year, he went to her church in New York and hand-delivered and photographed himself as he told our client she was "being served."  He dropped an envelope on her lap containing a complaint for an undisclosed amount of money damages filed in Law Division in New Jersey.  He is pro se. 

In his complaint in law division he alleges she committed  marriage fraud by not being a virgin at the time of marriage.  He also alleges she lied to police and the courts about him being abusive. He still disputes he was despite written judicial findings that he is incredible and she is credible about the abuse.    My first thought was that this is frivolous but theoretically if he's arguing marriage fraud it could be a triable issue of fact.  I filed a motion to dismiss in lieu of an answer in the law division matter.  I argued no personal jurisdiction since she has no contact with New Jersey.   I thought that would get rid of the case and it still might. But, ex-husband filed his pro se opposition consisting of court documents which actually help demonstrate how abusive he was to our client. But the court has scheduled oral argument on my motion for later this month. 

I'm thinking I'll need to file an amended motion and include other arguments.  I'm going to argue no service of process, no personal jurisdiction, and that ex-husband is collaterally estopped from bringing this suit since anything to do with marriage fraud could have been resolved by seeking an annulment or in the divorce case.  Anyone ever come across something like this Any other ideas or suggestions? 

In advance, thank you for your help.

Adelina

Adelina Herrarte

Senior Staff Attorney

she/her/hers

Volunteer Lawyers for Justice

PO Box 32040 | Newark, NJ 07102

T (973) 233-5637| F (973) 645-1954

[email protected]  www.vljnj.org

  Join us on October 12^th for in-person

       Arts & Eats for Justice Gala!

CONFIDENTIALITY NOTICE

This message contains confidential information, intended only for the person(s) named above, which may also be privileged. Any use, distribution, copying or disclosure by any other person is strictly prohibited. In such case, you should delete this message and kindly notify the sender via reply e-mail. Please advise immediately if you or your employer does not consent to Internet e-mail for messages of this kind.

My 2 cents

1. Service of the lawsuit was invalid under NJ Rules. Cannot be served by a party to the lawsuit (check the rule)
2. Entire controversy doctrine prohibits the second lawsuit regarding the marriage – should have been brought in the divorce
3. Your client can apply for a TRO and FRO in NJ (NJ accepts residences from other jurisdictions for protection).

Hi all,

I'm new to matrimonial law and could use your collective insights.  I represent the ex-wife in a bizarre law division matter where ex-husband mainly alleges marriage fraud.  The parties were married in another country in 2012.   They moved to New Jersey and made this home until the wife fled the marital home in 2016 due to domestic violence by her husband.  She moved to New York where has lived and worked since. Client was pregnant at the time she left the marital home and months later gave birth to the parties' only daughter in New York.  She sought child support in NY and he disputed paternity.  A DNA was ordered by the court and he was proven to be the child's father.  Client was awarded custody and child support per a family court in NY.

Husband filed for divorce in New Jersey and the court granted it in 2017.  He continued being abusive in communications with our client. So she applied and was awarded a TRO  from 2019 to 2021 by the Family Court New York.   She did not seek an FRO because ex-husband left her alone and ceased the harassment during the COVID-19 pandemic. 

In July of this year, he went to her church in New York and hand-delivered and photographed himself as he told our client she was "being served."  He dropped an envelope on her lap containing a complaint for an undisclosed amount of money damages filed in Law Division in New Jersey.  He is pro se. 

In his complaint in law division he alleges she committed  marriage fraud by not being a virgin at the time of marriage.  He also alleges she lied to police and the courts about him being abusive. He still disputes he was despite written judicial findings that he is incredible and she is credible about the abuse.    My first thought was that this is frivolous but theoretically if he's arguing marriage fraud it could be a triable issue of fact.  I filed a motion to dismiss in lieu of an answer in the law division matter.  I argued no personal jurisdiction since she has no contact with New Jersey.   I thought that would get rid of the case and it still might. But, ex-husband filed his pro se opposition consisting of court documents which actually help demonstrate how abusive he was to our client. But the court has scheduled oral argument on my motion for later this month. 

I'm thinking I'll need to file an amended motion and include other arguments.  I'm going to argue no service of process, no personal jurisdiction, and that ex-husband is collaterally estopped from bringing this suit since anything to do with marriage fraud could have been resolved by seeking an annulment or in the divorce case.  Anyone ever come across something like this Any other ideas or suggestions? 

In advance, thank you for your help.

Adelina

Adelina Herrarte

Senior Staff Attorney

she/her/hers

Volunteer Lawyers for Justice

PO Box 32040 | Newark, NJ 07102

T (973) 233-5637| F (973) 645-1954

[email protected]  www.vljnj.org

  Join us on October 12^th for in-person

       Arts & Eats for Justice Gala!

CONFIDENTIALITY NOTICE

This message contains confidential information, intended only for the person(s) named above, which may also be privileged. Any use, distribution, copying or disclosure by any other person is strictly prohibited. In such case, you should delete this message and kindly notify the sender via reply e-mail. Please advise immediately if you or your employer does not consent to Internet e-mail for messages of this kind.