What Is the Residency Requirement for New Jersey Divorces?

What Is the Residency Requirement for New Jersey Divorces?



Meeting the Requirements


Divorce is a complicated legal action. To initiate a divorce, you must first meet certain requirements. One of these requirements involves residency in the State of New Jersey.

To file for divorce, at least one of the spouses must have lived in New Jersey for at least one year prior to filing. In cases where the ground for divorce is adultery, however, the requirement is much less strict: one spouse must have lived in the State of New Jersey for any amount of time before filing. Members of the military may also get an exception from this rule depending on several factors. Typically, military members and their spouses may file for divorce at any time when stationed in New Jersey.

If neither of you meets the residency requirement, you are not eligible to file for divorce in New Jersey. Check with your home state or the state you were married or formed your domestic partnership in to determine under which jurisdiction you can file for divorce.

Now for the Hard Part

You must meet several requirements to be granted a divorce in New Jersey, not just the residency requirement. You must also have grounds (i.e. a legally recognized reason) for the divorce. Then, you must fill out the proper forms, file them with the court, and send copies to your spouse. Once you file your divorce, you will also need to complete additional steps including submitting financial documents and completing the Parent Education Program. The entire divorce process can take several months, much longer if there are contested issues or if you go to trial.

If you are contemplating divorce, you should speak with an experienced New Jersey matrimonial attorney about your case. An attorney can explain the requirements you must first meet to file and help you through the process step by step. You should never file for divorce without first speaking with an attorney. Online document drafting services and instructions from the court are not a replacement for competent legal advice. Many different issues can complicate your divorce, and stakes are very high, so you should seek legal guidance during this trying time.


If you are filing for divorce in New Jersey, the Williams Law Group, LLC can help you. Our skilled matrimonial attorneys can guide you through the process of filing for divorce step by step. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.

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