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What are the Residency Requirements for Divorce in New Jersey?

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, 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 another state.

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.

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