NY/NJ which state would have jurisdiction??

[Trotter]

My boyfriend has been a NY resident for over 3 years. His wife lives in NJ and their property is in NJ. In Aug., he retained a NY attorney and filed for divorce. His wife was legally served. Approx. a month later his wife retained a NJ attorney and filed in NJ. When filing she lied and stated no other state had this action on record. As of yet, my boyfriend has not been legally served. Our question is........will NY be able to handle his divorce since he filed there first? Also--can her action in NJ be declared illegal since she knowingly lied?

[Edited by Trotter on 11-21-2000 at 05:44 PM]

 

[LegalBeagle]

My boyfriend has been a NY resident for over 3 years. His wife lives in NJ and their property is in NJ. In Aug., he retained a NY attorney and filed for divorce. His wife was legally served. Approx. a month later his wife retained a NJ attorney and filed in NJ. When filing she lied and stated no other state had this action on record. As of yet, my boyfriend has not been legally served. Our question is........will NY be able to handle his divorce since he filed there first? Also--can her action in NJ be declared illegal since she knowingly lied?

[Edited by Trotter on 11-21-2000 at 05:44 PM]

1. NY
2. Yes

 

[Russ1]

My boyfriend has been a NY resident for over 3 years. His wife lives in NJ and their property is in NJ. In Aug., he retained a NY attorney and filed for divorce. His wife was legally served. Approx. a month later his wife retained a NJ attorney and filed in NJ. When filing she lied and stated no other state had this action on record. As of yet, my boyfriend has not been legally served. Our question is........will NY be able to handle his divorce since he filed there first? Also--can her action in NJ be declared illegal since she knowingly lied?

[Edited by Trotter on 11-21-2000 at 05:44 PM]

1. NY
2. Yes

It's amazing I have a similar case in Texas vs Utah, The difference is my x filed in Utah and the case defaulted after a year, and then I filed in Texas got divorced. She filed the next day in Utah. Texas ruled I had jurisdiction but the case in utah ignored it and now I'm in a appeal process in Utah due to alimony they awarded

 

[LadyBlu]

It's amazing I have a similar case in Texas vs Utah, The difference is my x filed in Utah and the case defaulted after a year, and then I filed in Texas got divorced. She filed the next day in Utah. Texas ruled I had jurisdiction but the case in utah ignored it and now I'm in a appeal process in Utah due to alimony they awarded

Just my opinion .... wasnt there children involved in your case though?
If there were that could be why the divorce is being pursued through the Utah courts. If the children are residents of Utah then TX would not have jurisdiction over them as they are not residents of TX and never have been.

 

[Russ1]

It's amazing I have a similar case in Texas vs Utah, The difference is my x filed in Utah and the case defaulted after a year, and then I filed in Texas got divorced. She filed the next day in Utah. Texas ruled I had jurisdiction but the case in utah ignored it and now I'm in a appeal process in Utah due to alimony they awarded

Just my opinion .... wasnt there children involved in your case though?
If there were that could be why the divorce is being pursued through the Utah courts. If the children are residents of Utah then TX would not have jurisdiction over them as they are not residents of TX and never have been.

Yes you are right again about the childs jurisdiction. The judgement involving my child was never ruled on in Texas neither was personal property which is supported by Supreme Court rulings, however divorce and relief jurisdiction was ruled on in Texas and they do have jurisdiction to rule, Vanderbelt v. Vanderbelt; Estin v. Estin; Augustine v. Augustine....... the list goes on

Thanks, your comments have been very helpful to me and you know your stuff