In the event you wish to file for divorce in New Jersey, it’s important to understand what this process entails. You may assume that wanting to separate is enough; however, the court must have jurisdiction to grant you the divorce. As such, you must ensure that you meet the residency requirements imposed by New Jersey before the state can issue a divorce. With that in mind, continue reading to learn the residency requirements for divorce and how an experienced Morris County divorce lawyer at Graves Andrews, LLC can help you plan accordingly.
Why Does Residency Matter in a New Jersey Divorce?
When you wish to file for divorce in New Jersey, the court cannot hear a case unless at least one spouse meets the residency requirements. Without meeting the requirements, the court does not have the legal authority to hear the case. As such, your case may be dismissed before it even begins.
What are the Minimum Residency Requirements for Filing for Divorce in New Jersey?
Unlike other states, the residency requirement in New Jersey is relatively straightforward.
The 12 Month Rule
Under NJ Rev Stat § 2A:34-10, the law states that at least one spouse must be a bona fide or actual resident of New Jersey for at least one year. Anything less than a year may prompt the New Jersey family court to dismiss your case automatically. In this context, a bona fide resident essentially means that the individual must maintain a home in New Jersey with the intent to remain and establish a life in the state.
Of note, this one year or more of residency must have taken place immediately before you or your spouse filed a Complaint for Divorce. Residing in any other state in between may prompt the court to dismiss your case automatically, as well.
Does New Jersey Have a Waiting or “Cooling-Off” Period?
Unlike most states, New Jersey does not require a waiting period, otherwise known as a “cooling-off period,” for divorce. Usually, this period is allotted so the divorcing couple may eventually reconcile or formulate settlement agreements without court intervention. This means that the New Jersey family court may commence your divorce proceedings immediately after you file a Complaint for Divorce, so long as you meet the one-year residency requirement.
What Other Filing Requirements May Affect Timing?
You should note that, in some instances, delays may occur as a result of the grounds on which you are filing for divorce in Morristown. Understanding how these can affect the timeline of when you can file is critical to preparing for this process.
No-Fault Ground
In the event that you file a no-fault divorce on the grounds of irreconcilable differences, you’ll need to show that the marriage has suffered a breakdown for at least six months before the court can grant the divorce. It is important to understand that you must still meet the residency requirements.
Separation-Based No-Fault Grounds
If you are filing a no-fault divorce in Morris County on the grounds that you and your spouse have separated, you must show that you have lived separate and apart for at least 18 months before the courts will grant your divorce.
Fault Grounds with Built-In Time Requirements
New Jersey allows spouses to file both no-fault and fault-based divorce. As such, the following grounds have additional wait times that must be considered:
- Desertion: At least 12 months
- Incarceration: At least 18 months of time served
It is critical to note, however, that if you are filing on the grounds of adultery, the state may waive the one-year residency requirement, allowing you to pursue a divorce even if you or your spouse have not lived in the state for a full year.
How Long Does it Take to Finalize a Divorce in New Jersey?
Because New Jersey does not impose a mandatory waiting period, it may take anywhere between three months to one year to finalize a New Jersey divorce. This is, of course, after the residency requirement is met. The exact timeline may depend on a variety of factors, such as the following:
- The court’s schedule in the jurisdiction in which you must file.
- The grounds you and your spouse cite for your divorce (i.e., fault or no-fault grounds).
- The type of divorce method you and your spouse opt for (i.e., mediation, collaboration, arbitration, or litigation).
- The type of divorce-related issues you and your spouse are fighting over (i.e., child custody, child support, spousal support, and property division).
- The complexity of the marital assets and marital debts you and your spouse must divvy up (i.e., shared business ventures, multiple real estate properties, etc).
- The willingness you and your spouse have to compromise on child custody and parenting time schedules (and if one of you accuses the other of unfit parenting).
Contact Our Experienced Morris County Divorce Attorneys Today
Filing for divorce is not only a complex emotional matter, but a complicated legal and financial process. As such, ensuring you have an experienced attorney from Graves Andrews, LLC to represent you during this time is critical. Our team can assist you through this process to help you fight for the best possible outcome for your unique circumstances. If you have any further questions or concerns, please do not hesitate to contact a skilled Morristown family law attorney. Schedule your initial consultation with Graves Andrews, LLC today.