Lea v. Lea
New Jersey Supreme Court
112 A.2d 540 (1955)
- Written by Mary Phelan D'Isa, JD
Facts
The ex-husband of a couple contested a New York judgment of divorce a vinculo in a New Jersey state court because the New York court refused to give full faith and credit to an earlier Arkansas divorce decree obtained by the ex-husband. The ex-husband alleged that his temporary and intermittent presence of a trailer in Arkansas in which he sometimes lived and sometimes moved to another state for extended periods of time supported his contention that he was properly domiciled in Arkansas when he sought the Arkansas divorce. The parties were New Jersey residents when the ex-husband contested the New York decision. The New Jersey trial and court of appeals courts refused to set aside the New York judgment that granted the ex-wife a divorce on the ground of adultery, and the ex-husband appealed. The ex-husband argued that the Arkansas divorce judgment was res judicata in the New York court and that because he was personally served outside of New York in that action, the New York court lacked in personam jurisdiction over the ex-husband to order alimony and child support.
Rule of Law
Issue
Holding and Reasoning (Oliphant, J.)
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