NJSBA Family Law Section

Hello,

I represent a woman who, while the parties were still both living in NJ, entered into a written agreement with her husband which set out the distribution of property and that husband would pay for the fees for an uncontested divorce in NJ to incorporate the property settlement terms. The husband thereafter moved to Virginia (VA) and, after meeting VA's residency requirements, he filed for and obtained a divorce in rem. Therefore, no issues relating to spousal support or property were addressed in that VA proceeding and the parties' agreement was not mentioned or addressed at all in the VA proceeding in which wife did not appear (no personal jurisdiction over her). Husband has not made any payments pursuant to the parties' agreement which wife wants enforced.

What steps do I need to take to enforce the parties' NJ agreement? Do I need to register the VA divorce even though that action did not address the parties' agreement? And what do I seek in the NJ complaint for whatever action I take here? My understanding is that it would be seeking Enforcement of an Agreement and Payment of Legal fees and costs, but would like to hear suggestions. Does anyone have any sample forms that they would be willing to share with me?

Thanks in advance for all of your assistance.

Lori K. Meyer, Esq.
Meyer Law Offices, P.C.
123 Green Street, 2nd Floor
Woodbridge, NJ 07095
732-218-5110

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If I understand the facts, your client and her husband were residents of NJ and they entered into a Marital Settlement Agreement which resolved all issues. He then moved to Va. where he sought and obtained a Divorce but without submitting the Agreement as part of his application to the Court.
He is now in default of the Agreement and you want to enforce it.
My initial response questions whether New Jersey has jurisdiction as the Husband - apparently - complied with the residential requirements of Va. in obtaining his divorce and I assume he served the Complaint on his then wife in New Jersey.
While I have never heard of an "in rem" divorce, I am assuming it is a divorce that does not attempt to resolve issues that we, in NJ, consider integral to any divorce. So, now your client has an Agreement (Contract) that she needs to enforce. Of course, the simplest process for her would be to file a Complaint here in NJ alleging that her former husband obtained a Divorce in Va. but in doing so, he failed to include the Agreement etc.
That is all well and good except that she will have to go to Va. to enforce it unless he has a change of heart and settles the case which I assume would include entering a subsequent and modified Judgment of Divorce attaching the Agreement. But if you have to go to Va. to enforce, you can pretty much assume that he will resist cooperating with the NJ proceeding claiming that while NJ may have had jurisdiction at the time they entered the Agreement, his establishing residency in Va. and proceeding to get a divorce in Va. has now established Va. as the State of preference to modify etc.
However. Based on what you say, I cannot imagine a Court in Va. or anywhere else for that matter, not granting an application to enforce the Agreement in the absence of any other resolution of property distribution or alimony.
That having been said, you have to expect that the Husband is going to suggest that the time to enforce the Agreement was when he sought the divorce and that her failure to urge such a result suggests that the parties had rescinded the terms of the Agreement. I have to ask, What WAS she doing in NOT urging Va. to adopt the terms of the Agreement when she was served with the Complaint?
Gerry Skey

Please make a note that my telephone and fax numbers have changed as indicated below.

W. S. Gerald Skey, Esq.
Law Offices of W. S. Gerald Skey, Esq.
Princeton Commerce Center, Suite G-60
29 Emmons Drive
Princeton, New Jersey 08540
Phone (609) 436-5222
Fax (609) 228-5242
www.skeylaw.com

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Original Message------

Hello,

I represent a woman who, while the parties were still both living in NJ, entered into a written agreement with her husband which set out the distribution of property and that husband would pay for the fees for an uncontested divorce in NJ to incorporate the property settlement terms. The husband thereafter moved to Virginia (VA) and, after meeting VA's residency requirements, he filed for and obtained a divorce in rem. Therefore, no issues relating to spousal support or property were addressed in that VA proceeding and the parties' agreement was not mentioned or addressed at all in the VA proceeding in which wife did not appear (no personal jurisdiction over her). Husband has not made any payments pursuant to the parties' agreement which wife wants enforced.

What steps do I need to take to enforce the parties' NJ agreement? Do I need to register the VA divorce even though that action did not address the parties' agreement? And what do I seek in the NJ complaint for whatever action I take here? My understanding is that it would be seeking Enforcement of an Agreement and Payment of Legal fees and costs, but would like to hear suggestions. Does anyone have any sample forms that they would be willing to share with me?

Thanks in advance for all of your assistance.

Lori K. Meyer, Esq.
Meyer Law Offices, P.C.
123 Green Street, 2nd Floor
Woodbridge, NJ 07095
732-218-5110

Sent from Windows Mail

Lori,



The Settlement Agreement is an enforceable contract, and could form the basis for a NJ complaint for enforcement. Since the VA court has entered a divorce judgment, I would suggest that you domesticate the foreign judgment, and then use that as the basis to enforce the NJ property settlement.



That makes sense for a doctrinal reason as well: VA did not have jurisdiction over the wife for any purposes except the divorce itself. As it is said, "Each party has the marital res in her or her pocket." However, it's the underlying issues that are problematic, and for those, NJ certainly does have jurisdiction.



Good luck; let us know what you decide to do and how it works out.



Hanan







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Original Message------

Hello,

I represent a woman who, while the parties were still both living in NJ, entered into a written agreement with her husband which set out the distribution of property and that husband would pay for the fees for an uncontested divorce in NJ to incorporate the property settlement terms. The husband thereafter moved to Virginia (VA) and, after meeting VA's residency requirements, he filed for and obtained a divorce in rem. Therefore, no issues relating to spousal support or property were addressed in that VA proceeding and the parties' agreement was not mentioned or addressed at all in the VA proceeding in which wife did not appear (no personal jurisdiction over her). Husband has not made any payments pursuant to the parties' agreement which wife wants enforced.

What steps do I need to take to enforce the parties' NJ agreement? Do I need to register the VA divorce even though that action did not address the parties' agreement? And what do I seek in the NJ complaint for whatever action I take here? My understanding is that it would be seeking Enforcement of an Agreement and Payment of Legal fees and costs, but would like to hear suggestions. Does anyone have any sample forms that they would be willing to share with me?

Thanks in advance for all of your assistance.

Lori K. Meyer, Esq.
Meyer Law Offices, P.C.
123 Green Street, 2nd Floor
Woodbridge, NJ 07095
732-218-5110

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Sorry. Should have said "his or her" pocket. The Freudians will tell me what I really meant to say. . .



Hanan


Original Message------

Hello,

I represent a woman who, while the parties were still both living in NJ, entered into a written agreement with her husband which set out the distribution of property and that husband would pay for the fees for an uncontested divorce in NJ to incorporate the property settlement terms. The husband thereafter moved to Virginia (VA) and, after meeting VA's residency requirements, he filed for and obtained a divorce in rem. Therefore, no issues relating to spousal support or property were addressed in that VA proceeding and the parties' agreement was not mentioned or addressed at all in the VA proceeding in which wife did not appear (no personal jurisdiction over her). Husband has not made any payments pursuant to the parties' agreement which wife wants enforced.

What steps do I need to take to enforce the parties' NJ agreement? Do I need to register the VA divorce even though that action did not address the parties' agreement? And what do I seek in the NJ complaint for whatever action I take here? My understanding is that it would be seeking Enforcement of an Agreement and Payment of Legal fees and costs, but would like to hear suggestions. Does anyone have any sample forms that they would be willing to share with me?

Thanks in advance for all of your assistance.

Lori K. Meyer, Esq.
Meyer Law Offices, P.C.
123 Green Street, 2nd Floor
Woodbridge, NJ 07095
732-218-5110

Sent from Windows Mail