What is the Residency Requirement for Divorce in New Jersey?

Divorce is complicated. No one ever envisions themselves getting a divorce at the time of their marriage, however, they happen more frequently than you’d think. In fact, about 50% of marriages now end in divorce. While the divorce process can seem extremely daunting, it is crucial you buckle down and get to work. The most important thing you can do is hire an experienced attorney to help you through the process.

Unfortunately, those seeking a divorce in the state of New Jersey must first meet a residency requirement, which can become a bit confusing if your spouse is now living in another state. This is why it is so crucial you read on to learn more about your legal options going forward. Here are some of the questions you may have if you are seeking a divorce while your spouse is out of state.

What is the New Jersey residency requirement?

The New Jersey residency requirement states that either you or your spouse must be a bona fide resident of the state, or must have lived in the state for at least one year, unless adultery is cited as grounds for the divorce.

What are fault grounds?

When getting a divorce, you have the option of either filing for a no-fault divorce, or citing fault grounds. Some examples of valid fault grounds in the state of New Jersey are as follows:

  • Institutionalization for mental illness
  • Desertion
  • Extreme cruelty
  • Irreconcilable differences
  • Separation of at least 18 months
  • Adultery
  • Addiction
  • Deviant sexual conduct
  • Incarceration

While most of the aforementioned fault grounds absolutely warrant being brought to attention, the truth of the matter is, most attorneys will advise against citing fault grounds. When you cite fault grounds, you give your spouse an opportunity to respond, which can drastically prolong the duration of your divorce. When you file a no-fault divorce, you simply state you and your spouse are no longer able to stay married. If you are ready to file for divorce, reach out to our compassionate, seasoned team of attorneys as soon as you are ready. We are here to guide you through every step of the way.

Contact our experienced New Jersey firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.