Tuesday, August 16, 2016

Case of the Day: Chau v. Chau, 2016 N.J. Super. Unpub. LEXIS 1700 (N.J. App. Div. July 21, 2016)


The parties are from Vietnam, and were previously married in Vietnam in 1967. The defendant husband fled the communist invasion and went to the U.S. in 1975. The husband and wife maintained contact, but the wife stopped responding to his letters. Husband filed for divorce in New Jersey in 1981 claiming that he was unable to contact his wife. The plaintiff wife came to the U.S. in 2006, and filed suit that the divorce decree was void.

The court found that the husband did not commit fraud upon the court, because the wife does not dispute that she did not respond to husband's letters. The court also found that equitable considerations, of the fact that the husband had been remarried for 30 years, warrant that the divorce decree not overturned.


This is a hell of a story! The things you learn when you are reading the stories of immigrants.

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