NJSBA Family Law Section

Hello List-Mates

I have an issue and would appreciate any insights you may have.  Husband and wife were married in NJ, had children in NJ and resided in NJ for seven years.  Husband left wife and moved to VA.  Wife and children continued to reside in NJ, have never been in VA, and have no contacts with that state.

Husband filed an action for divorce in VA.  Wife subsequently filed an action for divorce in NJ.  Wife has filed a motion to dismiss the VA action for lack of personal jurisdiction but I am advised by VA counsel that the VA court could grant the divorce to Husband based on his residence there with no other relief (ie no ed, alimony, child support, etc). 

Question:  if VA divorce is granted, what steps would Wife need to take to obtain an equitable distribution of property in NJ since ed is granted pursuant to action for divorce?  Any thoughts would be greatly appreciated.   

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Meghan E. Bradley, Esq.
Charny, Charny & Karpousis, P.A.
1300 Route 73
Suite 211
Mount Laurel, New Jersey 08054
Phone: (856) 505-1700
Fax: (856) 505-1710
www.charnylaw.com

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VA counsel is correct.  The res of the marriage exists in both VA and NJ, and Husband may pursue the dissolution action only.  Any other relief granted to him should be set aside, if VA has no in personam jurisdiction over Wife.

Wife has the option of converting her NJ divorce action into an action under Full Faith and Credit, domesticating the VA divorce judgment, and then seeking full rights in NJ regarding custody, child support, alimony, e.d.,and counsel fees/costs right in her own backyard.  She should NOT pursue the divorce itself, if he gets it in VA.

Alternatively, if she got to the NJ courthouse before he did in terms of initial divorce filing, VA courts might be persuaded to simply dismiss his action, without prejudice, so that she may pursue the whole ball of wax right here.

Either way, NJ will have something to say about all underlying issues.

Hanan

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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

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Original Message:
Sent: 06-04-2013 13:04
From: Meghan Bradley
Subject: Jurisdiction Issue

Hello List-Mates

I have an issue and would appreciate any insights you may have.  Husband and wife were married in NJ, had children in NJ and resided in NJ for seven years.  Husband left wife and moved to VA.  Wife and children continued to reside in NJ, have never been in VA, and have no contacts with that state.

Husband filed an action for divorce in VA.  Wife subsequently filed an action for divorce in NJ.  Wife has filed a motion to dismiss the VA action for lack of personal jurisdiction but I am advised by VA counsel that the VA court could grant the divorce to Husband based on his residence there with no other relief (ie no ed, alimony, child support, etc). 

Question:  if VA divorce is granted, what steps would Wife need to take to obtain an equitable distribution of property in NJ since ed is granted pursuant to action for divorce?  Any thoughts would be greatly appreciated.   

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Meghan E. Bradley, Esq.
Charny, Charny & Karpousis, P.A.
1300 Route 73
Suite 211
Mount Laurel, New Jersey 08054
Phone: (856) 505-1700
Fax: (856) 505-1710
www.charnylaw.com

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However, if the wife is personally served in New Jersey as per VA law and does not appear in VA at all, even to contest jurisdiction, then the court in VA could deal with financial issues arising from the divorce under VA law as a default.  In interstate jurisdictional contests, the person who files first often "wins" with regard to which court handles their financial affairs. I have been involved in both interstate and international jurisdiction contests and know that one has to be very careful. The children are "NJ children" though and VA can't rule what is in their best interests.

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Barbara Cowen Esq.
Hackensack NJ
(201)525-0025

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Original Message:
Sent: 06-04-2013 13:04
From: Meghan Bradley
Subject: Jurisdiction Issue

Hello List-Mates

I have an issue and would appreciate any insights you may have.  Husband and wife were married in NJ, had children in NJ and resided in NJ for seven years.  Husband left wife and moved to VA.  Wife and children continued to reside in NJ, have never been in VA, and have no contacts with that state.

Husband filed an action for divorce in VA.  Wife subsequently filed an action for divorce in NJ.  Wife has filed a motion to dismiss the VA action for lack of personal jurisdiction but I am advised by VA counsel that the VA court could grant the divorce to Husband based on his residence there with no other relief (ie no ed, alimony, child support, etc). 

Question:  if VA divorce is granted, what steps would Wife need to take to obtain an equitable distribution of property in NJ since ed is granted pursuant to action for divorce?  Any thoughts would be greatly appreciated.   

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Meghan E. Bradley, Esq.
Charny, Charny & Karpousis, P.A.
1300 Route 73
Suite 211
Mount Laurel, New Jersey 08054
Phone: (856) 505-1700
Fax: (856) 505-1710
www.charnylaw.com

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