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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Original Message:
Sent: 12-12-2011 14:09
From: Bruce Chase
Subject: Jurisdiction
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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