NJ resident plans to file petition for divorce from spouse who resides in Illinois marital home. No children. Expect her to be very uncooperative and most likely will not respond to a summons. A default judgment will then have to be obtained. If a default judgment grants an award for property distribution, how is the judgment enforced on the respondent who is an Illinois resident?
You need to consult with an attorney to determine if NJ has jurisdiction over your divorce and related issues. If the children reside with your wife in Illinois, that State may be the more appropriate jurisdiction. You must have resided in NJ for at least a year to file here. Even so. If Ilinois is the more appropriate jurisdiction, your wife can file a Complaint for Divorce there and ask the court to transfer jurisdiction. If your Complaint can be properly filed in NJ, you will need to arrange to serve the Complaint on your wife in accord with NJ court rules. And she must have an opportunity to respond. There are many wrinkles when the parties reside in different states before you even get to the question of enforcement, which is why you need to speak with an experienced family law attorney.
Ms. Kleiner has given you the complete and correct answer. As she says, you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.
Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.
I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.
If you have lived in NJ over a year, and she satisfies the requirements for living in Illinois, with no children, whoever files first will likely have that state take jurisdiction. And a judgment in NJ is respected by every state in the union, since we have a federal obligation to do that.
Your question has some contradictory statements - first, you say that you expect your wife (or I presume is your wife) who "plans to file petition for divorce......." but then you expect her to be very uncooperative and most likely will not respond to a summons:. But if SHE is the plaintiff having filed a Complaint (Petition), she would not be responding to a summons as it is the Defendant who responds to a summons (she would be the Plaintiff.
You then suggest that "a default judgment will then have to be obtained." However, IF he is the Plaintiff she would not be defaulted unless you have her pleadings stricken for some other reason. There are a number of answers but I am afraid that I am confused as to the facts.
Anyway, I wonder why the Illinois resident does not file for divorce - why wait for the spouse to file in New Jersey? Then you ask how a default judgment is enforced against "the respondent" who is an Illinois resident".
From this fact pattern, it appears that the New Jersey spouse is the plaintiff in New Jersey and that would mean that service of process would have to be effected over the Illinois resident. If the Illinois resident chooses not to respond, yes, the plaintiff would obtain a default judgment and assuming there is effective service of process over the Illinois resident and assuming that the plaintiff can legitimately claim that New Jersey has jurisdiction, then the New Jersey plaintiff would retain counsel in Illinois and register the New Jersey judgment in Illinois and seek to enforce it.
But I want to emphasize that your description of the facts is strained and I cannot say that I truly understand.
Family Courts in New Jersey, can equitably divide marital property of persons over which it has jurisdiction. Marital property includes all real and personal property acquired during marriage. New Jersey statutes state that real or personal property located outside of New Jersey is subject to equitable distribution and the court may include in its order appropriate provisions to ensure compliance with the order of equitable distribution. The Court has jurisdiction over the person living outside of New Jersey as they are a party to the divorce, and though New Jersey does not have jurisdiction of the property itself, it can order the person to convey the property.
However, it is not always easy to enforce an award for distribution of property that is located outside of New Jersey. A party may seek liens, judgments, or docket their Judgment of Divorce in the state the property is located in order to enforce a divorce decree. The laws surrounding equitable distribution are complex, especially if an individual is unfamiliar with them. It is important that you discuss the specifics of your situation with an experienced family law attorney to learn what your rights are and how to protect your interests.
