The first step in getting divorced is filing the original petition. One of the first things the individual or couple must decide is where to file for divorce. If you were married in a different state but have since moved to New Jersey, you may wonder whether you can get divorced here or if you need to file in your original state. You can get divorced in New Jersey, but there are several considerations, like residency and jurisdiction laws. If you are filing for divorce in New Jersey and have questions or concerns, reach out to a knowledgeable Sparta divorce attorney for skilled legal counsel today.
Can I Get Divorced in NJ if I Was Married in a Different State?
Yes, if you got married in a different state, you can get divorced in New Jersey. There are many reasons why a person would want to file for divorce in a different state from the one they got married. First of all, convenience is a major factor. If you got married somewhere else and then moved to NJ, it likely makes more sense to file in your new home state.
Each state has its own laws regarding divorce as well. NJ is an equitable distribution and no-fault state, which can be attractive to spouses seeking a divorce. New Jersey also has a fast and streamlined process with no mandatory waiting period, meaning that you will have an easier time filing than in some states, and the process could be over within as little as 6 to 8 weeks.
While you have the right to get divorced in any state, regardless of where you got married, it is important to understand that there are certain criteria that must be met.
What Are New Jersey’s Residency Requirements?
One of the most important considerations when determining whether you can get divorced in New Jersey is residency. Most states, NJ included, require that at least one spouse have lived in the state for a certain period of time before the courts can make a ruling on the divorce.
Under New Jersey law, you can file for divorce in the state if either of the following requirements is met.
- Either you or your spouse has been a resident of New Jersey for at least one year prior to filing
- The grounds for divorce are adultery and either you or your spouse has been a resident of New Jersey for any amount of time prior to filing
As long as you or your spouse meets these requirements, you have the right to file for divorce in New Jersey. It is important to fully understand your legal rights, options, and obligations during this time. For more information and to secure skilled legal advice, contact an experienced attorney at Paris P. Eliades Law Firm, LLC today.