You may be initially relieved to learn that New Jersey is one of the few states that does not mandate a waiting period before you file a complaint for divorce. However, you may experience delays if you do not yet meet other requirements, such as your state residency. With that being said, please read on to discover the residency requirements you must meet before filing for divorce in New Jersey and how a seasoned Morris County divorce lawyer at Graves Andrews, LLC, can help you fulfill all these enforced prerequisites.
What are the residency requirements before filing for divorce in New Jersey?
In short, the New Jersey family courts typically have a busy schedule. So, a judge will not take on your divorce case if you do not yet meet the state’s residency requirements. Not only may they not want to, but they may be barred from doing so because your case will technically fall outside of their jurisdiction.
Therefore, to file a divorce complaint in New Jersey, you must have at least been a bona fide resident of the state for one year or longer immediately prior. Specifically, being a bona fide resident means that you have a home in New Jersey, with the intent to remain and establish a life here. It is worth mentioning that both spouses need not be considered bona fide or actual state residents to file for divorce here.
Are there other prerequisites before filing for divorce in New Jersey?
To reiterate, your divorce case may take up to a year to simply initiate in New Jersey until you meet the residency requirements. The only exception to this is if the grounds for your divorce are based on adultery. On that note, though, you should know that another prerequisite to your divorce is establishing grounds. New Jersey is a no-fault divorce state, so you do not necessarily have to cite and establish your spouse’s fault as the reason for your split. However, if you claim no-fault grounds with no reasonable prospect of reconciliation, you must prove that your marriage has broken down for at least six months. Or, that you and your spouse have been living separately for at least 18 months. This is to say that your divorce process may be further delayed by six to 18 months.
On the other hand, some fault grounds may also come with stalls. For example, if you want to argue that your spouse has deserted you, this abandonment must have lasted for at least 12 months thus far. Or, if you are blaming their imprisonment, they must have been away for at least 18 months by now. Again, if you want to take this route and be effective with your claims, you may have to wait for these time stamps to approach.
If you need help with executing this, do not be afraid to reach out to a competent Morristown family law attorney. Our team at Graves Andrews, LLC, is more than capable and eager to assist you in your upcoming legal proceedings.
