Filing for divorce is a difficult decision to make. Once you have made
peace with the decision though, you will need to be sure your case is
filed properly. A proper filing includes one that sets forth the basis
for the request to dissolve the marriage, and asks for judicial determination
of important issues such as child support and custody, asset division,
and is filed in the proper venue. Venue refers to the place where a case
is filed, while jurisdiction is a legal term meaning the Court has the
right to hear the case. Both are necessary components of every case, but
the rules are different depending on the type of lawsuit filed.
In a divorce case, there are requirements on residency that must be followed.
What this means is that one or more of the parties must have
lived in the place where the case is filed for a certain amount of time leading up to the
filing. For a divorce in New Jersey, this time period is one year. If
neither party can establish residency in New Jersey for at least the year
prior to the divorce being filed, the case is not properly filed. In that
instance, the parties should look to the legal requirements of the state
of residence prior to moving to New Jersey.
Residency can be shown a number of ways. One way is to provide proof of
your permanent address through utility bills or through postal verification.
You can also provide a copy of your mortgage or deed, to show when you
purchased a home and became a resident of the state. As long as you have
documentation in support of your status as a resident, you will qualify
as a state resident and be permitted to file for divorce in New Jersey.
Residency is not typically challenged in a divorce case, unless there
is some benefit to proceeding in an alternate forum. If you have questions
about the residency requirements to file for divorce, call our office.
For more information on divorce and the requirements to file in New Jersey,
call an experienced family law attorney for answers to your questions.
We can be reached online at
http://www.divorcelawyers1.com. Call today to schedule an appointment.