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, asks for judicial determination of important issues such as
child support and
custody, asset division, etc., and is filed in the proper venue. Venue refers
to the place where a case originates, 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 order to file for divorce in New Jersey, a person must meet certain
residency requirements. 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, a person
must have lived in the state for
no less than one year (New Jersey Statutes- Title 2A- Chapters: 34-8, 34.10). If neither party
has lived in New Jersey for at least one year prior to filing for divorce,
the case will not be heard by the court. In this instance, you and your
spouse should see if you meet the residency requirements to divorce in
Proving Residency for the Purpose of a Divorce
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, please call Moskowitz
Law Group, LLC to make an appointment with an experienced New Jersey divorce
lawyer. We would be happy to assist you.
Call our office 24/7 to request a free initial case evaluation: (201) 419-6223.