In order to get divorced in the state of New Jersey, the court must have authority over you to hear and make decisions about your case. This is called jurisdiction, and it includes certain residency requirements that you must meet in order to get divorced in the state. N.J. Stat. 2A:34-10. At least one spouse must have been a bona fide resident of the state of New Jersey for one year immediately prior to the divorce being filed. Until one of you meets this requirement, you cannot get divorced in New Jersey.
The only exception is if you are filing for divorce on the basis of adultery, or that your spouse had an affair with another person. In this case, neither you nor your spouse must be a resident of New Jersey for one year immediately prior to filing for divorce but at least one of you has to reside in the state at the time of filing. For any other grounds for divorce, however, whether it is a fault or no-fault ground, you or your spouse must meet the residency requirement.
If you don’t meet the residency requirements, then you will simply have to wait to file for divorce until one of you has met the residency requirement. If you recently moved to New Jersey, you might look at filing for divorce in the state from which you moved, if you can meet that state’s residency requirements. Each state has different residency requirements that you must meet in order to file for divorce. It also may be burdensome if you have to travel to the other state regularly in order to meet with your lawyer and attend court hearings.
We know how difficult, complicated, and emotionally draining divorce cases can be. Contact Argentino Fiore Law & Advocacy, today and we will tell you how we can help with your New Jersey divorce case. Our attorneys focus their practice primarily on family law and issues related to children, so we are sure to have the skills that you need for proper representation in your divorce case. We are here to answer your questions, settle your concerns, and assist you through the often difficult process of contested divorce and family law cases.