Generally speaking, you or your spouse must have been a resident of New Jersey for at least one year immediately before filing your divorce petition. Otherwise, you may have to take your divorce case to a different family court. But certain circumstances, or more specifically, certain fault-based grounds for divorce, may get the New Jersey family court’s attention. With that said, please follow along to find out if certain grounds for divorce can change the imposed residency requirement and how a proficient Morris County divorce lawyer at Graves Andrews, LLC, can help you file in the right jurisdiction.
Can certain grounds for divorce change the residency requirement in NJ?
Notably, there may only be one fault-based ground for divorce that may cause the New Jersey family court to overlook the residency requirement. This is if you filed a divorce petition against your spouse who committed adultery. By accusing your spouse of adultery, you are essentially saying that they participated in devious sexual relations outside of their marriage with you.
In this case, the one-year residency requirement may be waived, and you or your spouse may only have to be a bona fide resident of New Jersey. This means that you or your spouse has established a permanent or continuous life in New Jersey with the genuine intention of making it your primary home state post-divorce.
Even so, the New Jersey family court may still analyze whether it holds jurisdiction over your divorce case. Under certain circumstances, it may be possible that your financial matters (i.e., property division, spousal support, and child support) can be handled by the New Jersey family court, while your child custody arrangement must be ruled on by an out-of-state court.
How do I prove that my spouse committed adultery in my divorce case?
You cannot make a baseless claim of adultery simply to get the benefits of having a New Jersey family court rule on your divorce case. That said, you must present sufficient evidence of your spouse’s infidelity. First, you must prove that your spouse had an inclination or desire to have an affair. Then, you must establish that your spouse had a chance to engage in an affair. This may be accomplished through the following forms of direct and circumstantial evidence:
- An oral or written confession from your spouse or the other party involved in the affair.
- An oral or written testimony from a witness who saw your spouse engaging in the affair.
- Electronic communications between your spouse and the other party that are romantic or sexual.
- Financial records that indicate your spouse supported or gifted the other party throughout your marriage.
- Photos from a hired private investigator or an eyewitness of your spouse showing public affection towards another party.
To ensure your legal argument is well fleshed out, please seek the aid of a talented Morristown family law attorney. You may rest better knowing that the team at Graves Andrews, LLC will not let you enter this legal process without being properly prepared. So please pick up the phone and request our services today.