NJSBA Family Law Section

 View Only

  • 1.  Jurisidictional Limbo for Divorce

    Posted 06-06-2020 02:04 PM
    Hi all,

    I hope everyone is doing alright. Anyone have dealt with jurisidictional limbo for divorce case? H & W lived in MI for years. H gets job in NJ, W & kids move first in 09/2019 (for kids to start school) and H follows a couple of months later. H & W's relationship deteriorates and H hires me to do PSA in hopes of reaching an agreement as to ED. My understanding is MI law states spouse must live at least 180 days prior to divorce to have jurisdiction & NJ, you need to be here a year. Long story short, things have gotten complicated and motions need to be filed, if not divorce, right away, but couple seems to be in jurisdictional limbo as it's been over 180 days in MI and under 1 year for NJ. Anyone can help shed some light? I'd really appreciate it!

    ------------------------------
    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave.
    Suite 202
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
    ------------------------------


  • 2.  RE: Jurisidictional Limbo for Divorce

    Posted 06-06-2020 04:09 PM
    If they both live in NJ, and adultery is not a cause of action, must wait to file for divorce until there is 1 year of residency. Michigan is irrelevant. 

    FD may be only help now to address any immediate issues. 

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.
    (732) 972-1600

    Visit my website: www.mydivorcelawyernj.com



    Original Message


  • 3.  RE: Jurisidictional Limbo for Divorce

    Posted 06-06-2020 09:46 PM
    You don't have a year jurisdiction in NJ (September 2020) for a cause of action for divorce but you can file an FD for support and custody.  Keep working on MSA and if no agreement then convert to FM after a year.

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

    Sent from my iPad



    Original Message


  • 4.  RE: Jurisidictional Limbo for Divorce

    Posted 06-07-2020 08:00 AM
    It sounds like jurisdiction exists for child custody and support, separate maintenance, and annulment.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street
    Somerville, N.J. 08876
    p: 908.864.7884
    f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com

     
    IMPORTANT CONFIDENTIALITY NOTICE
    This message (including any/all attachments) is being sent by an attorney and is intended exclusively for the individual or entity to which it is addressed. This message (including any/all attachments) contains information that is proprietary, privileged, confidential, and/or otherwise legally protected from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, and/or disseminate this message and/or any part of it (including any/all attachments). If you received this message in error, please notify the sender immediately and permanently delete and destroy any/all copies of this message (including any/all attachments).

    DISCLAIMER REGARDING REPRESENTATION
    This message (including any/all attachments) does not establish an attorney-client relationship between you and me.  An attorney-client relationship between you and me can only be established by personal contact and requires (i) my prior written consent to act as your attorney and (ii) your and my execution of a written retainer agreement.
     
    LEGAL ADVICE/SOLICITATION
    This message (including any/all attachments) is for general informational purposes only and does not constitute solicitation or legal advice.



    Original Message