NJSBA Family Law Section

This message has been cross posted to the following Discussions: Certified Attorneys and Family Law .
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I'm having a really hard time figuring out how to serve a husband in a non-Hague country.  Both parties are currently American citizens who escaped Iraq when they married and lived in NJ for several years.  They moved to UAE temporarily for jobs on work visas and kept their NJ marital home, NJ accounts, etc.

Wife left Husband in Dubai and came back to NJ after extreme violence. 

Before she hired me, she already obtained a TRO that the judge ordered "indefinite" since Husband couldn't be served.

I filed a Complaint for Divorce and I'm waiting to get filed copy back.  Husband knows about Complaint for Divorce and TRO and he's told third parties that he purposely didn't come to NJ for the holidays so he could avoid being served.

Now situation has worsened because I need to file an emergent application  Turns out that he stopped paying the mortgage and HELOC on marital home in NJ in October (after wife escaped him) even though he's been collecting the rent from the tenants.  Bank is calling my client threatening foreclosure.  Tenants are flipping out and threatening to sue her, etc.  She wants to try to stop the bleeding with a short sale (house is under water) but she can't do anything without his signature and involvement.  Thus, my need to file an emergent application - so she can get power of attorney to do all of this without him. 

What makes this all the more difficult is my struggle in figuring out how to serve him or how I can get around the need to literally serve him.  I've served in foreign countries through the Hague before via Guaranteed Subpoena, but this is a non-Hague country.

Guaranteed Subpoena has yet to call me back.  DGR told me they can do it but it's a $2K-$3K expenditure because the entire document needs to be translated to Arabic (even though husband reads and speaks English).  We know the husband's address, work address and e-mail.  Is there something simpler that I should be thinking about????

If anyone has experienced this before and can offer some guidance, I would REALLY appreciate it.

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Laura Ruvolo Lipp Esq.
Ruvolo Law Group, LLC
55 Madison Ave., Suite 360
Morristown NJ 07960
[email protected]
(973)993-9960

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[Alice M. Plastoris, Esq.
Law Office of Alice M. Plastoris
82 Speedwell Avenue
Morristown, NJ 07960
973-538-7070
e-mail: [email protected] or [email protected]
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unfortunately no. I used DGR for a hague convention personal service in Belgium and it was about $900 plus.  DGR will get him served and they know the rules of the varioius countries.  I would file my emergent application and put everything in a package, Complaint TRo and emergent application and have DGR serve him. you may have to pay the $2K.



Original Message:
Sent: 03-18-2014 11:45
From: Laura Lipp
Subject: Serving husband in Dubai/UAE

This message has been cross posted to the following Discussions: Certified Attorneys and Family Law .
-------------------------------------------

I'm having a really hard time figuring out how to serve a husband in a non-Hague country.  Both parties are currently American citizens who escaped Iraq when they married and lived in NJ for several years.  They moved to UAE temporarily for jobs on work visas and kept their NJ marital home, NJ accounts, etc.

Wife left Husband in Dubai and came back to NJ after extreme violence. 

Before she hired me, she already obtained a TRO that the judge ordered "indefinite" since Husband couldn't be served.

I filed a Complaint for Divorce and I'm waiting to get filed copy back.  Husband knows about Complaint for Divorce and TRO and he's told third parties that he purposely didn't come to NJ for the holidays so he could avoid being served.

Now situation has worsened because I need to file an emergent application  Turns out that he stopped paying the mortgage and HELOC on marital home in NJ in October (after wife escaped him) even though he's been collecting the rent from the tenants.  Bank is calling my client threatening foreclosure.  Tenants are flipping out and threatening to sue her, etc.  She wants to try to stop the bleeding with a short sale (house is under water) but she can't do anything without his signature and involvement.  Thus, my need to file an emergent application - so she can get power of attorney to do all of this without him. 

What makes this all the more difficult is my struggle in figuring out how to serve him or how I can get around the need to literally serve him.  I've served in foreign countries through the Hague before via Guaranteed Subpoena, but this is a non-Hague country.

Guaranteed Subpoena has yet to call me back.  DGR told me they can do it but it's a $2K-$3K expenditure because the entire document needs to be translated to Arabic (even though husband reads and speaks English).  We know the husband's address, work address and e-mail.  Is there something simpler that I should be thinking about????

If anyone has experienced this before and can offer some guidance, I would REALLY appreciate it.

-------------------------------------------
Laura Ruvolo Lipp Esq.
Ruvolo Law Group, LLC
55 Madison Ave., Suite 360
Morristown NJ 07960
[email protected]
(973)993-9960

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I'm hoping our more learned colleagues have a good answer. May I offer the following suggestions: try our senators Menendez and Booker; try her Congressman; reach out to the State Department and the American Embassy in Dubai. Probably in that order. An American citizen regardless of where he resides should not be able to avoid a subpoena. Let me know what works. ------------------------------------------- Marianne Auriemma Esq. Maywood NJ (201)712-9663 -------------------------------------------
Original Message: Sent: 03-18-2014 11:45 From: Laura Lipp Subject: Serving husband in Dubai/UAE This message has been cross posted to the following Discussions: Certified Attorneys and Family Law . ------------------------------------------- I'm having a really hard time figuring out how to serve a husband in a non-Hague country. Both parties are currently American citizens who escaped Iraq when they married and lived in NJ for several years. They moved to UAE temporarily for jobs on work visas and kept their NJ marital home, NJ accounts, etc. Wife left Husband in Dubai and came back to NJ after extreme violence. Before she hired me, she already obtained a TRO that the judge ordered "indefinite" since Husband couldn't be served. I filed a Complaint for Divorce and I'm waiting to get filed copy back. Husband knows about Complaint for Divorce and TRO and he's told third parties that he purposely didn't come to NJ for the holidays so he could avoid being served. Now situation has worsened because I need to file an emergent application Turns out that he stopped paying the mortgage and HELOC on marital home in NJ in October (after wife escaped him) even though he's been collecting the rent from the tenants. Bank is calling my client threatening foreclosure. Tenants are flipping out and threatening to sue her, etc. She wants to try to stop the bleeding with a short sale (house is under water) but she can't do anything without his signature and involvement. Thus, my need to file an emergent application - so she can get power of attorney to do all of this without him. What makes this all the more difficult is my struggle in figuring out how to serve him or how I can get around the need to literally serve him. I've served in foreign countries through the Hague before via Guaranteed Subpoena, but this is a non-Hague country. Guaranteed Subpoena has yet to call me back. DGR told me they can do it but it's a $2K-$3K expenditure because the entire document needs to be translated to Arabic (even though husband reads and speaks English). We know the husband's address, work address and e-mail. Is there something simpler that I should be thinking about???? If anyone has experienced this before and can offer some guidance, I would REALLY appreciate it. ------------------------------------------- Laura Ruvolo Lipp Esq. Ruvolo Law Group, LLC 55 Madison Ave., Suite 360 Morristown NJ 07960 [email protected] <[email protected]> (973)993-9960 ------------------------------------------- </[email protected]>