Note that each state in the United States has its own set of legal provisions that are intended 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 reasonably be called 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 referred to as somewhere in the middle of strict and lax. To learn more, continue reading and give our skilled Union County divorce attorney a call today. Our legal team will be on your side each step of the way.
What are the divorce residency requirements in New Jersey?
Keep in mind that residency requirements for a New Jersey divorce are to the point. To be able to file for a New Jersey divorce at least one of the spouses needs to have been a bona fide or actual resident of the state for a period of one year or longer. Note that New Jersey does not require both parties to a divorce to be residents of the state.
If 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 known as a “jurisdictional issue.” Basically, 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.
It is important to recognize that the one year of residency in the state must be during the time directly before a divorce case is filed.
What are some exceptions to the residency requirement?
New Jersey law has one exception to the one-year residency rule. If you are proceeding with a fault divorce on the grounds of adultery, a person is not required 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 additional questions about the residency rule in New Jersey, it is in your best interest to reach out to our firm today. We are here to help.
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We are a full-service divorce, family, and real estate law firm in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC today.