I filed a divorce complaint in the Dominican Republic. Afterwards, my wife filed a divorce complaint in New Jersey. I am filing a motion (pro se) requesting that the New Jersey divorce complaint be dismissed because I filed my divorce complaint first.
There should be only one case...Generally, if all the procedurally requirements had been met, the case that was filed first is where the matter will be decided.
If you have children, or property, or there are economic issues such as spousal support, the divorce needs to be filed in New Jersey. The most that a court in the Dominican Republic can do is dissolve the marriage. You really need to consult an attorney as soon as possible.
There can exist two divorce cases filed upon the same marriage at the same time. Your filing in the Dominican Republic is governed by treaty law between the United States and the Dominican Republic. The New Jersey action is primarily governed by the, New Jersey Rules of Civil Procedure governing service of process. The issue of who has jurisdiction has to deal with who complied with the requirements of service of process in their jurisdiction first. In some states, an action is not commenced until service of process is completed, by personal process server or certified US mail. In other states, the action is commenced as soon as it is filed with the court. Generally, state civil rules of procedure follow are similar to the Federal Rules of Civil Procedure -- so you want to look at Civil Rule 4 or so in New Jersey. The bottom line is that you will have to either finish your case. First, or alternately, filed to dismiss the other case, if you cannot agree on the jurisdiction in which to proceed. You should talk to your lawyer quickly, as jurisdiction is a primary matter in these cases. The last thing you want is to have 2 Different Court orders with two different sets of rulings. Good luck.
Normally only one complaint at a time. However, actual residency in the other country is required for New Jersey to recognize its divorce. If you are not an actual resident [actually live in the DR] or your wife has no significant relationship to the DR [for example she never lived there, the marriage was somewhere else and she is not an actual resident of the DR, etc.] then the mere filing of a complaint there will not result in a divorce judgment that New Jersey will recognize as valid and binding as to the ending of the marriage or support or property dispositions.
