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Egbert v. Egbert

Decided: September 19, 1973.

LORRAINE EGBERT, PLAINTIFF,
v.
THEODORE RICHARD EGBERT, DEFENDANT



Consodine, J.s.c.

Consodine

[125 NJSuper Page 172] Plaintiff proves and corroborates an action for divorce (N.J.S.A. 2A:34-2) and for alimony and support (N.J.S.A. 2A:34-23). Service was made by publication (R. 4:78-2(a)) with special substituted service (R. 4:78-2(c)) on the mother of defendant who resides in this State. The file discloses a communication from her after the substituted service in which she states that

while she did not know defendant's whereabouts, he had telephoned to her recently from Florida on several occasions; to prevent her "involvement" in the matter, he declined to give her any address. Four months elapsed between substituted service and trial. It is inconceivable that he did not have notice of this suit from her.

There are six infant children of the parties. Plaintiff receives from the county welfare board $462 a month and other benefits for the support of herself and their children. The funds therefor come from appropriations of 50% from the Federal Government and 25% each from the State and County Governments.

In a prior action in our Juvenile and Domestic Relations Court personal service had been made on defendant. He participated in that case for six years. He still remains on probation from that court until 1974. With the issuance of a bench warrant in that court, defendant left this State for parts unknown and still remains away by choice.

There being no evidence that this itinerant husband has acquired domicile elsewhere, I find that his domicile has remained in this State at all times. N.J.S.A. 2A:34-8.

Kase v. Kase, 18 N.J. Super. 12 (App. Div. 1952), well expressed our then precedents concerning service in a matrimonial action vis a vis due process.

Foris v. Foris, 103 N.J. Super. 316 (Ch. Div. 1968), in sustaining service by registered mail in Nevada on a husband visiting there for an ex parte divorce, review the "long arm" cases in this State and concluded that

(Judge Horn advises me that the underlined word was inadvertently eliminated from the printed opinion).

Foris was followed by Wright v. Wright, 114 N.J. Super. 439 (Ch. Div. 1971), where, although service was made outside

of New Jersey, separate maintenance was awarded under the "long arm" doctrine, and by E. v. T., 124 N.J. Super. 535 (Ch. Div. 1973), where the question involved was whether personal service of process in Nevada ...


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