While contemplating a divorce, you may wonder whether you can get divorced in a different state from where you were married. Please continue reading as this blog explores this common query. If you are facing a divorce in New Jersey, it’s in your best interest to contact our Monmouth County Divorce & Separation Attorneys, who can guide you through this challenging time.
What Are the Residency Requirements to File for Divorce in New Jersey?
Across the nation, states enforce strict residency requirements. This refers to the minimum amount of time you or your partner must have resided in a particular state or county to be eligible to pursue a divorce in that jurisdiction. Residency requirements are imposed to help prevent “forum shopping.” This occurs when people try to file for divorce in a state with laws that are perceived as more favorable, even if they have little or no connection to that state.
In New Jersey, at least one spouse must be a resident of the state for at least 12 consecutive months before initiating a divorce. Additionally, irreconcilable differences must have been present for at least six months. However, a fault-based divorce, such as one based on adultery, may waive the one-year residency requirement if one party has lived in the state for any amount of time prior to filing. Meeting the residency requirements ensures that the court has the legal authority to handle your divorce case and make decisions regarding property division, alimony, and child custody.
It’s important to note that for military personnel, the residency requirements are typically more flexible. Military members can generally file for divorce in the state where they are currently stationed, where they claim legal residency, or where their spouse resides.
Is It Possible to Get Divorced in a Different State Than Where You Were Married?
Contrary to popular belief, it’s possible to get divorced in a state different from where you were married. Nevertheless, at least one of the spouses must satisfy the residency requirements of the state where the divorce petition is being filed. The location where the marriage occurred is irrelevant, as the divorce proceedings are governed by the laws of the state in which the divorce is filed.
The laws of the state where you file can significantly impact your case. Filing in the state where you or your spouse resides can reduce travel expenses and logistical challenges, making it more convenient. A family law attorney can advise you on the strategic advantages that specific state laws may offer, given your unique situation.
For more information, please don’t hesitate to contact an attorney at Paone Zaleski & Murphy.
