NJSBA Family Law Section

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  • 1.  Jurisdiction

    Posted 12-12-2011 02:09 PM
            Help!   H lives in NY; W lives in NJ with child.  H files an action for divorce in NJ based upon W's residence; his action is first in time.  W files for divorce in NY based upon H's residence in NY.  Although H filed first, H is served with W's NY action before W is served with H's NJ action.  Who can assist me in determining which state has jurisdiction?  I seem to recall from an earlier time Williams I and Williams II but for the life of me, I can't recall what those cases hold.


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    Bruce Chase Esq.
    Hackensack NJ
    (201) 343-6555

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  • 2.  RE:Jurisdiction

    Posted 12-12-2011 02:27 PM
    Bruce:

    This sounds like a comity issue as well as what is the most convenient forum.

    If the child is in NJ, wouldn't NJ have the higher interest to protect, assuming both parties have lived in their respective jurisdictions for the requisite statutory period to be able to file?

    I would imagine that the two judges would want to confer and agree on which court was going to assume jurisdiction.

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    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600

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  • 3.  RE:Jurisdiction

    Posted 12-12-2011 02:30 PM
    Bruce, sending you a form of NY OSC I had NY counsel file in exact same situation.  NY court dismissed the NY action as the NY action was filed later in time.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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