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  • 1.  Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 07:10 AM
    Good morning everyone,

    I was hoping to get some clarity on a jurisdictional issue for a potential case I might get. I have a client who has been trying to get divorced in India since 2012. After speaking to an attorney in India I've learned that the country does not guarantee divorce the way New Jersey does. The court has to find that the divorce is reasonable and only then will it be given. The potential client has already received a decision from the Indian Court saying that a divorce will not be issued for him, and he is currently in the process of appealing it as well.

    He has residency in New Jersey for the past several years and has been fighting this case internationally. Despite the decision that's already been issued in India, is there a way for New Jersey to have jurisdiction on this case? Can we serve her with new divorce papers from New Jersey? I've never had a case come in like this so I'm scratching my head a little bit. My guess would be that, New Jersey doesn't have the authority to get involved in any case if a decision has already been issued by another court, but not sure how this works internationally.

    Many thanks for anyone who give some clarity on this!

    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
    ------------------------------


  • 2.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 09:29 AM
    you leave out some information.
    1. where does husband live and for how long?
    2. where does wife live and for how long?
    3. where do the children live and with whom?
    4. where are the marital assets?

    NJ jurisdiction requires that a person live in NJ for 1 year before filing for divorce. the cause of action is no fault.  it appears india has a subject standard which any decision would not be binding on NJ since the standard here is different. however, NJ must have jurisdiction over the cause of action, the parties, property and children.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad



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  • 3.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 01:46 PM
    Thanks for replying Alice! To answer your questions: 
    1. where does husband live and for how long?
    He has been in NJ for about 1.5 yrs consistently without any gaps, but over all has immigrted in 2017

    2. where does wife live and for how long?
    India, her whole life. 

    3. where do the children live and with whom?
    one child, about 4yrs. whom he has never met. nor has he seen the photo of. but she has told him there is a child. he is not contesting paternity, not wants child custody. 

    They seperated in 2014 and he filed his divorce  action in 2015 in India

    4. where are the marital assets?
    not much as he owns not property and rents in NJ. Wife is a house wife, but comes from a wealthy family who seems to be supporting her. I dont believe he has ever sent her any stipend of funds since 2015

    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
    ------------------------------

    Original Message


  • 4.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 01:49 PM

    Technically, he could file in NJ. (once India is dismissed) Service in India is a pain but get an attorney or service to serve her there.  Proceed for default and waive rights to anything she has etc.

    This is a tough one.

    Anyone else have any ideas?

     


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  • 5.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 02:23 PM

    Since husband is a NJ resident (or "domiciled" in NJ), NJ would have jurisdiction over the "res" of the marriage allowing it to dissolve the marriage despite not having jurisdiction over the other spouse. In contrast, unless NJ has personal jurisdiction over the wife, or she has property in NJ, it would not have the ability to order any incidental relief such as alimony, equitable distribution, etc. I think the U.S. Supreme Court case that covers this issue is Vanderbilt v. Vanderbilt, but I haven't had the issue in a long time. The NJ statute dealing with jurisdiction for divorces is N.J.S.A. 2A:34-8. Good luck.

     

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  • 6.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 02:54 PM

    Pooja,

    Yes, he can get the divorce in NJ. BUT, as you know, it won't be valid in India.

    Good luck,

    Tom

     

    Thomas R. King, Esq

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  • 7.  RE: Is divorce possible after a venue out of New Jersey has already refused to issue a JOD?

    Posted 10-04-2022 03:19 PM
    Thanks for all the answers everyone. One follow up for you all:

    Do we need to notify NJ Court of the previous case history in India, or proceed as normal in the complaint?


    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
    ------------------------------

    Original Message