The rules and regulations surrounding divorce vary from state to state. Before you file for divorce in New Jersey you must first learn about the legal requirements and criteria you must meet. For more information contact a skilled Sussex County, Sparta divorce attorney today.
What Are the Legal Requirements to Get a Divorce in New Jersey?
It is important that before filing you understand the criteria legally required in New Jersey. The good news is that there are only two legal requirements that you must meet before filing the official complaint for divorce.
- Residency requirement
- Valid grounds
As long as you and/or your spouse meet the requirements of being a resident of New Jersey and have a valid reason to end the marriage, you can successfully file for divorce.
What is the Residency Requirement?
States implement a residency requirement for spouses filing for divorce for many reasons, the main one being to ensure that the court has legal jurisdiction over the matter. In New Jersey, in order to file for divorce either you or your spouse must have been a resident of the state for at least one year before filing. These required 12 months must have been consecutive and happened immediately prior to the complaint being filed.
If you and your spouse have not lived in New Jersey for at least 12 months there is still one way you can file for divorce in the state. If you are filing for a fault-based divorce on the grounds of adultery, the one-year requirement is waived and you can file for divorce as long as you or your spouse have lived in NJ for any amount of time prior to filing.
What Are the Valid Grounds for Divorce in NJ?
You can file for either a fault-based or no-fault divorce in New Jersey. In a no-fault divorce, there is no need to claim any particular reason for the dissolution of the union, just that the relationship did not work. In a fault-based divorce, however, you must claim at least one ground and provide evidence of your spouse’s behavior to have a valid reason for divorce.
No-fault divorce grounds can generally include the following.
- Irreconcilable differences: You can file based on irreconcilable differences that led to the breakdown of your marriage as long as you have experienced these differences for at least 6 months and have determined that there is no reasonable chance of reconciliation.
- Separation: You can also file for divorce based on separation if you and your spouse have been living separate from one another for a period of 18 months or longer.
Fault-based divorce grounds include the following.
- Adultery
- Cruelty
- Institutionalization for at least 24 months
- Incarceration for at least 18 months
- Willful desertion for at least 12 months
- Drug or alcohol addiction for at least 12 months
- Deviant sexual conduct
To file for divorce in New Jersey you must have one of the above valid grounds for divorce and be able to demonstrate evidence proving the reason. For skilled representation reach out to an attorney at Paris P. Eliades Law Firm, LLC today.
