How Do I Get a Divorce When My Spouse Lives in a Different State Than Me?

When a couple decides to go through with a divorce, it is important to know that it can be a long and complicated process. In order to begin, the spouses must meet certain requirements, including a residency requirement. This can be simple if both spouses are residents of the same state. However, this is not always the case and some spouses live in separate state than one another. This can make the process more difficult, but not impossible for a couple.

New Jersey Residency Requirements

When a couple wants to file for divorce, they must meet a residency requirement. This requires that either spouse has lived within the state they file for divorce in for a minimum period of time. The state of New Jersey requires one or both of the spouses to be legitimate residents of the state for at least one year before they file. While there are some states that have a county requirement as well, New Jersey does not.

The Divorce Process in New Jersey

When filing for divorce, it is important for both spouses to be aware of what the process entails. There are many different ways to reach the end goal of a divorce. This can be done through litigation in a courtroom, mediation, arbitration, and a collaborative divorce. Divorce through litigation can often be taxing on a person, which is why it is best to avoid if possible. However, spouses who are unable to reach agreements regarding their marital issues. 

In order to begin the divorce process, spouses must file their complaint with the Superior Court. Once this is done, pendente lite orders can be requested to address marital issues such as child custody or support. The court can then conduct what is known as “discovery.” This is when both spouses’ financial information is obtained by the court. When spouses are unable to reach agreements regarding their marital issues, they may need to attend trial so that a judge can finalize these decisions for them. When the settlements are established, the couple may be granted a Final Judgement of Divorce to finalize the divorce.

Contact our Firm

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.