NJSBA Family Law Section

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  • 1.  Service on Defendant in Mexico

    Posted 02-21-2017 04:58 PM
    Edited by System 12-28-2023 05:35 PM
    Client wants to be divorced from husband who resides in Mexico.  Mexico is a signatory country to the Hague Convention.  Mexico also requires legal papers to be translated.  I got a quote from Crowe Foreign Services for ~$1900 including translation.  There is an attorney in Atlanta and one in the mid-west; they each charge roughly $600 plus $65 per page for translation. It appears another option is to file a motion in federal court for issuance of request for service abroad in order to obtain an executed USM-94.  In the end, given attorney time, this will not be any less costly.

    Husband was deported a year or so ago, immediately upon a criminal conviction (sexual contact with a minor).

    Just wondering if I'm missing anything.

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
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  • 2.  RE: Service on Defendant in Mexico

    Posted 02-27-2017 03:45 PM
    Does anyone know if the service requirements are any different if a spouse is deported due to a criminal offense?

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
    ------------------------------

    Original Message


  • 3.  RE: Service on Defendant in Mexico

    Posted 02-27-2017 04:09 PM

    Mary Jane - Correct me if you know something else, but it seems to me, since service is needed in order to establish in personam jurisdiction, therefore the person to be served having a particular legal status (such as having been deported or having a criminal record), should have no effect. If he can be served under Mexico's law, it shouldn't matter what he has done in the past. If he is in prison, you may need to find out what the prison's requirements are to effectuate service, but other than that, it would be whatever procedure is required by Mexico for service on a Mexican national from a court out of the country. I have done service by letters rogatory (long ago – back in the 80's) on a defendant in South America – I didn't need to know anything about the defendant's legal status – just a name, address and description. Good luck to you!

     

    • Megan

     

    C. Megan Oltman

    Oltman Law & Mediation

    475 Wall St

    Princeton, NJ 08540

    http://moltmanlaw.com

    (609) 947-0784

     

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    Original Message


  • 4.  RE: Service on Defendant in Mexico

    Posted 02-27-2017 04:16 PM

    The Hague Convention in most instances provides the exclusive means for service of US process in signatory states. Article 1 of the Convention states that it "shall apply in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad."

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     




    Original Message