Harriott v. Harriott

In Harriott v. Harriott, 211 N.J.Super. 445, 448, 511 A.2d 1264 (Ch.Div.1986), plaintiff sought a judgment of divorce by default. Defendant was served with the summons and complaint while confined to a military jail. He was awaiting trial on charges of unauthorized absence from duty. Apparently, he was released pending trial because he was absent without leave on his military trial date and his whereabouts remained unknown at the time of the divorce trial. Id. at 446-47, 511 A.2d 1264. Judge Saunders concluded that a sailor who is absent without leave is not entitled to the protection afforded by the federal and state statutes. These protections extend only to those on active duty in the service or those absent from duty for a lawful reason such as sickness or injury. Id. at 449, 511 A.2d 1264.