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What Are New Jersey’s Divorce Residency Requirements?

Each state in the United States has its own kinds of legal provisions that are supposed to be met in order to file for divorce. Some of these legal requirements are terms of residency before a divorce case is allowed to be filed. Some states have what might be referred to as relatively strict residency requirements to seek a marriage dissolution case. Other states have what are classified as rather loose residence requirements in order to file a divorce case. In the state of New Jersey, the divorce residency requirements are known as someplace in the middle of strict and loose. If you would like to learn more, keep reading and give our skilled Morris County NJ divorce lawyers. a call today. Our legal team will be on your side no matter what you are facing.

What are the divorce residency requirements in New Jersey?

Recognize that residency requirements for a New Jersey divorce are very straightforward. In order to be able to file for a New Jersey divorce at least one of the spouses must have been a bona fide or actual resident of the state for a period of one year or longer. Keep in mind that New Jersey does not need both parties to a divorce to be residents of the state.

In the event that a divorce is filed before at least one spouse has lived in New Jersey for a year or more, the case will be dismissed. The residency requirement is what legally is referred to as a “jurisdictional issue.” Essentially, a court does not have jurisdiction over a divorce case unless one of the spouses has been a New Jersey resident for the minimum amount of time.

Keep in mind that the one year of residency in the state must be during the time instantly before a divorce case is filed. If you have any additional questions or concerns, do not hesitate to reach out to our firm for some clarification. We are on your side.

What are some exceptions to the residency requirement?

In the state of New Jersey’s residency laws, there is one exception. If you are moving with a fault divorce on the grounds of adultery, a person is not directed to be a resident of the state of New Jersey for one year. A party only must be a bona fide resident of the state of New Jersey, even if that residency has been in place for a period of time less than one year.

If you have any other further questions about the residency rule in New Jersey, do not hesitate to reach out to our firm today. We are here to help.


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