Divorcing in New Jersey: What You Should Know Before Filing for Divorce

What is The Uniform Divorce and Marriage Act?

In 1971, New Jersey adopted the Uniform Divorce and Marriage Act.  This Act introduced no-fault divorce.  No-fault divorce is one that does not require that one spouse or the other engaged in any type of misconduct that caused the marriage to end, such as abuse, adultery, substance and/or chemical abuse.  The Act allows for divorce on the ground that there was 18-month separation.  Irreconcilable differences are now included to the grounds for divorce.  Divorce on the grounds of irreconcilable differences essentially waives the requirement that the spouses live separately.

Are There Residency Requirements to File for Divorce in New Jersey?

New Jersey has specific divorce laws that determine who is eligible to file for a divorce.  In order to commence a divorce action in New Jersey, you must be sure you meet the residency requirement(s).  Prior to the filing of the divorce action, either of the spouses must have been a resident of New Jersey.  Either spouse must have continuous residency up to the time of the divorce filing. and has continued so to be down to the time of the commencement of the action.  However, if the divorce is based on a spouse’s adultery, the one-year requirement may be waived.  If adultery is the ground for divorce, jurisdiction exists when the spouse began the affair and at least one spouse lives in the State of New Jersey.

It’s important that you are able to prove that you are a bona fide resident of New Jersey.  In the event that a court discovers it does not have jurisdictional rights to hear the divorce case, it will not be accepted and/or dismissed.

If you need assistance with your divorce in New Jersey, contact an experienced divorce attorney.

Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.