How Do I File for Divorce When My Spouse Lives in a Different State?

The process of going through a divorce is often complex and exhausting for anyone. Leading up to a divorce, spouses can become distant, both emotionally and physically. There are some cases in which both spouses currently live in different states. This can make the process even more complicated. However, retaining the services of an experienced divorce attorney can help to navigate the process. 

New Jersey Residency Requirements

When couples file for divorce, there are certain requirements that must be met. This includes a residency requirement. Before filing for divorce, one of the spouses must have lived in the state for a minimum amount of time. In the state of New Jersey, one or both spouses are required to be legitimate residents of the state for at least one year or more before filing for divorce. 

The Divorce Process in New Jersey

There are several different ways for a couple to go about completing the divorce process. While there are alternative methods to divorcing such as mediation, many couples go through the process of litigation in order to officiate their divorce. This involves both spouses to go to court and work through their marital issues with a judge. This process can often be difficult and taxing on a person, which is why it is best to avoid litigation all together if possible. However, if you end up in litigation, it is important to know what to expect in order to go through the process.

In order to begin a divorce through litigation, a spouse must file their complaint with the Superior Court. Once this is accomplished, pendente lite orders may be requested in order to address certain marital issues, such as child custody or child support payments. The court will then conduct what is known as “discovery,” in which both spouses’ financial information will be obtained. In the event that both spouses cannot reach an agreement regarding their marital issues, they will be required to attend a trial in order to reach a settlement. When this happens, it is important to know that a judge is given the right to decide the terms of the couple’s divorce. Once these decisions are made, the divorce can be finalized with a Final Judgement of Divorce.

Contact our Firm

 If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.