Divorce is often a complicated and emotionally overwhelming process. Marriage is designed to stand the test of time, but when it doesn’t, the aftermath can be complex. It is possible that you and your spouse moved over the years or have separated and now live in different states. Many people wonder whether they can get divorced in a different state from where they got married. While the laws are unique for each state, it is possible. To learn more and secure experienced legal advice, reach out to a Union County divorce attorney today.
Can I Get Divorced in a Different State From Where I Got Married?
Yes, it is possible for you to get a divorce in a different state than the one you got married in. However, it is important to note that you cannot choose any state you please. There are residency requirements, and the state must have jurisdiction over the issues of your divorce.
Many people wish to file for divorce in a different state because each state has its own unique laws regarding divorce. Some may be more favorable toward certain spouses based on property laws, alimony, child custody, etc. It may also be more convenient to file in a new state if you have already moved or if another state has a more easy or straightforward process.
What Are New Jersey’s Residency Requirements for Divorce?
You cannot just waltz into any state and file for divorce. You must first meet the individual state’s residency requirements, which often entail living in that state for a specific period before being eligible for a divorce. In New Jersey, in order to file for a divorce, one or both spouses must meet the criteria.
Either you or your spouse must be a resident for at least one year prior to filing for divorce. You do not have to have lived together in NJ during that time. It is also important to note that there is an exception for cases where the grounds for divorce are adultery. If you are filing a fault-based divorce on the grounds that your spouse was unfaithful, the requirement is that either you or your spouse has been a New Jersey resident for any amount of time prior to filing.
Once the residency requirements have been met, New Jersey state courts have jurisdiction over your case, and you can file for divorce. As long as you meet the above criteria, you can file for divorce in New Jersey, regardless of where you and your spouse originally wed.
It is important to note that if your spouse lives in a different state, they could file in their state, which would create jurisdiction issues and complicate your case. It is imperative that you acquire skilled legal representation when filing for divorce. Reach out to an attorney at Ross & Calandrillo today for more information.
