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  • 1.  Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-11-2014 05:16 PM
    Facts:

    Husband and Wife married since 1974, separated in 2008. Existing FD spousal support order in effect through NJ. Both parties resided in NJ for the majority of the marriage (1983-2012).  Wife has resided in NJ since 1983 through the present day.  Husband has since moved to PA and recently filed a Complaint for Divorce in PA in March 2014. Husband is only seeking simple divorce in PA (he has not requested ED, etc.).  Wife was effectively served a copy of Divorce Complaint via certified mail (in accordance with PA Rules) in May 2014.  

    I am confident that PA does NOT have personal jurisdiction over Wife as she has no minimum contacts with PA. Thus, PA should not be able to determine alimony or ED issues, but PA would be entitled to grant divorce of the parties because 1 party does reside in PA.

    Procedural Question:  How should I ensure that the alimony and ED issues are decided in NJ and not in PA?
       
    I am leaning toward: (1) filing simultaneous Complaint for Divorce in NJ including claims for Alimony, ED, and counsel fees; and (2) filing Petition in PA divorce action to declare that PA shall not render any decisions regarding alimony, ED, or counsel fees.

    Thoughts/Advice??
    -------------------------------------------
    Blake Rush Esq.
    Easton PA
    (610)258-4003
    -------------------------------------------


  • 2.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-11-2014 05:47 PM
    yes

    Alice M. Plastoris, Esq.
    (973) 538-7070
    Sent from my iPad

    THIS IS A CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION.



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  • 3.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-11-2014 05:54 PM


    Agreed.  I assume you're admitted in PA?

    One point / suggestion -- Ensure that your motion to dismiss the PA action is a "special appearance to challenge jurisdiction." (or PA equivalent)   You don't want to inadvertently give PA jurisdiction by answering.  For the same reason:  weigh carefully whether you should ask for counsel fees in the PA action -- doing so is asking for affirmative relief and could be deemed a waiver of the jurisdictional defense.

    -------------------------------------------
    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    -------------------------------------------






    Original Message


  • 4.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-11-2014 07:55 PM

    I went to Lafayette, BTW.

     

    Dave's right as to his advice about a limited appearance.  And I think that Pennsylvania does not have personal jurisdiction over the wife and her claims.

     

    Be sure to have a pending action in New Jersey first.

     

    But if husband is actually a resident there and presumably working there, why not consent to jurisdiction there.  It's not really all that inconvenient to litigate the case there in Northampton County, just across the Delaware.  You're going to spend some bucks to sue in New Jersey and move the court in Pennsylvania – unless there's something about Pennsylvania about alimony or child support that is wonky.  Now that I've said that, I think Pennsylvania has something whacky about higher education responsibility for children in a divorce case.

     

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  • 5.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-12-2014 07:31 AM

    Thank you everyone for the feedback thus far.

     

    I am licensed in PA and NJ and practice family law in both states extensively, litigating in PA is not an issue.  However, NJ alimony and equitable distribution laws are much more favorable for wife than in PA. For example, alimony in PA is generally only 30% of the difference in the parties' NET incomes (which is a significant difference than gross incomes).  Also, duration of alimony is also much less for intermediate and long-term marriages in PA (i.e. 1 year of alimony for every 3 years of marriage regardless of overall length of marriage) than in NJ.  PA is also quick to terminate alimony at time of retirement without going into analysis of circumstances. Cut-off date for ED is also almost always date of separation as opposed to date of complaint in NJ.

     

    Thus, given the facts in this case, Wife stands to receive significantly more in NJ than in PA.

     

    Due to a 20 day response deadline, I'm filing Preliminary Objections (in lieu of an Answer) to the PA Divorce Complaint today requesting it be dismissed or in the alternative declared that PA Court cannot address any ancillary economic claims.  I am also filing a Divorce Complaint in NJ.

     

    We'll see how it turns out.

     

    Blake W. Rush, Esq.

    Pfeiffer, Bruno, Minotti & DeEsch, P.C.

    44 North 2nd Street - P.O. Box 468

    Easton, PA 18044-0468

    (610) 258-4003 (OFFICE)

    (610) 258-1943 (FAX)

    [email protected]

     

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  • 6.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-12-2014 08:02 AM
    [Non-text portion of this message removed]

    Blake

    Better hurry -- before NJ Legi makes our alimony law like PA's. :-)

    Hanan

    Sent from my Verizon Wireless 4G LTE Smartphone


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    Hanan M. Isaacs, Esq.

    [Non-text portion of this message removed]

    Hanan M. Isaacs, P.C.
    4499 Route 27, Kingston, NJ
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  • 7.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-12-2014 08:12 AM
    30% of the difference between parties' incomes is not 'worse' than alimony in New Jersey. In the alimony cases I have tried, judges awarded much less than that. Many attorneys apply a 1/3 formula, which has no basis in law or equity. In fact, depending on income levels, after factoring in FICA and other payroll deductions that affect the dollars used to pay alimony, the 1/3 formula effectively equalizes incomes, another result I have rarely seen judges order (other than perhaps in 40+ year marriages)

    Amy Wechsler
    Matrimonial Attorney, Mediator and
    Collaborative Professional 

    Sent from my iPhone



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  • 8.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-12-2014 08:53 AM

    Amy:

     

    PA alimony is 30% of the different in the parties' NET incomes,not gross incomes.

     

    Blake W. Rush, Esq.

    Pfeiffer, Bruno, Minotti & DeEsch, P.C.

    44 North 2nd Street - P.O. Box 468

    Easton, PA 18044-0468

    (610) 258-4003 (OFFICE)

    (610) 258-1943 (FAX)

    [email protected]

     

    NOTICE: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privilege(s). It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient(s), or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege(s).

     




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  • 9.  RE: Out of State Divorce Complaint/Lack of Jurisdiction

    Posted 06-12-2014 05:05 PM

    However, NJ alimony and equitable distribution laws are much more favorable for wife than in PA.
    I was going to write this, but I'm glad that you already know it.
    Sally L. Steinberg, Esq.
    Princeton, NJ



    Original Message