NJSBA Family Law Section

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  • 1.  NJ/Florida Divorce Jurisdiction

    Posted 06-15-2016 03:18 PM
    Hello all:
     
    Problem Scenario:
     
    (1) Parties married in Bergen County in 2006 (9.5 year marriage);
     
    (2) Husband has been putative father to wife's son since 2006 (son is now age 16);
     
    (3) Husband has regularly claimed putative son in Tax Returns as a dependent minor;
     
    (4) Husband is the only father son has known;
     
    (5) About 9-12 months ago, husband flees Bergen County and moves to Florida and to live with girlfriend;
     
    (6) About 3 months ago, wife moves to Kearny (Hudson County);
     
    (7) In late April 2016, husband files pro se divorce in Florida using Florida's "divorce with no dependent or minor child(ren) or property" packet;
     
    (8) Answer to husband's divorce complaint is due on 6/23/16;
     
    (9) Wife is unemployed with no work history;
     
    (10) Wife now wants divorce filed in NJ (Bergen County) so NJ can have jurisdiction;
     
    QUESTION: Can divorce complaint be filed in NJ after husband has already filed in Florida?
     
    All answers appreciated.  Please respond directly.
     
    Thanks,
    Bill Sosis
     
    ------------------------------
    William Sosis Esq.
    ------------------------------


  • 2.  RE: NJ/Florida Divorce Jurisdiction

    Posted 06-15-2016 03:40 PM
    I believe the answer is yes, Bill.  You will have a jurisdictional contest which the judges from each state would likely have a phone conference to decide which complaint is the one to go forward.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    www.mediate.com/rmetzger
    also serving Bucks, Lehigh and Northampton Counties PA

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