If you got married in a different state but now you or your spouse lives in New Jersey, you can file for divorce here. However, there are certain regulations to be aware of to ensure you protect your legal rights and options. Work with a skillful Morris County, NJ divorce lawyer for more information and legal advice.
Can I File for Divorce in NJ if I Got Married in a Different State?
Yes, even if you got married in a different state, you can file for divorce in New Jersey. The fact that your marriage certificate is from another state does not affect New Jersey’s authorization to grant you a divorce, as long as the state has jurisdiction over the case.
A court’s jurisdiction over a divorce case depends on the connection you have to the state. That is why your ability to file for divorce in New Jersey hinges on whether you meet the residency requirement.
What is New Jersey’s Residency Requirement?
In order to be eligible to file for divorce in New Jersey, you or your spouse must meet the residency requirement. Under NJ Revised Statutes § 2A:34-10, the state can preside over a divorce if either of the following conditions is met.
- At least one spouse has been a bona fide resident of New Jersey for at least 1 year directly prior to filing
- The ground for divorce is adultery and at least one spouse has been a bona fide resident of New Jersey for any amount of time directly prior to filing
Essentially, the residency requirement is 12 consecutive months of living in the state. However, the requirement is waived if the divorce is filed on at-fault grounds of adultery or infidelity. A bona fide resident of the state is a person who has a primary address in NJ, pays state taxes, has a driver’s license and voter registration, etc.
Why Would I Want to Get Divorced in a Different State?
Most people do not choose a random state in which to get divorced on a whim; it largely depends on the family’s circumstances. Convenience is one of the biggest factors dictating where a couple files for divorce.
If you were married in one state but later moved to New Jersey for work or to be closer to family, it makes more sense to file here, rather than in your previous state. This way, you avoid having to travel or work with an attorney who is potentially hours away.
New Jersey is also an attractive place to file because of its laws surrounding the various issues of a divorce. For example, NJ is an equitable distribution state, meaning that assets are divided fairly based on the circumstances of the marriage, not just split in half. Alimony also tends to be more readily available than in other states.
To learn more about the benefits of filing for divorce in New Jersey, contact a skilled attorney at Townsend, Tomaio & Newmark today.
