Case Update (2020): Russello v. Russello; Simultaneous Actions, Separation vs. Divorce, and Recognition as a matter of Comity
Two Italian nationals met, married in Italy, and then subsequently moved to the United States, where they made their marital home for 40 years, and had their children. Both became US nationals. On a trip to Italy in 2015, the spouses had a dispute, and the Husband returned to the United States without his Wife. In 2016, the parties filed a separation action in Italy based on consent, which was ultimately dismissed. They then filed a non-consensual separation action in Italy. A separation action in Italy is different from a divorce action. It must precede a divorce action, but a divorce action does not need to follow (if neither party wants to request a divorce). Both parties had Italian counsel, and the Wife ultimately fought the Italian separation action. Despite her overtures, it continued. In 2018, she filed a divorce action in New Jersey. By now, both parties were back in New Jersey. Upon a request by the Husband, the NJ c...