Ocean County Out-of-State Divorce Lawyer
Choosing to end a marriage can be emotionally complicated and technically challenging. The divorce process may be even further complicated in situations where one party is out of state.
If you are pursuing dissolution of your marriage and you or your spouse is living in another state, abroad, or is serving in the military, you should speak to an Ocean County out-of-state divorce lawyer. An experienced divorce attorney can help you work through all of the essential issues related to your case and advise you on your legal rights.
If a Spouse is Located out of State
A petitioner can file for divorce in Ocean County even if their spouse does not reside within the state or country, so long as the filing party meets certain residency requirements. For instance, if a person is married to an individual who is stationed abroad in the military and wishes to file for marriage dissolution, the court will permit them to do so as long as their home address is in state.
If the out-of-state spouse is a legal resident of New Jersey, the in-state spouse can still file a divorce case within the state. The spouse seeking a divorce in these cases will have to be a resident of the state for a minimum of one year prior to filing.
A military spouse is not required to have lived in New Jersey for a year before their deployment in an out-of-state divorce case. There are certain cases, such as adultery, where the requirements will be shorter than one year. An Ocean County attorney can help an individual understand their ability to file for divorce if their spouse lives out of state.
If the Filing Party is out of the State
If the spouse wishing to file for divorce is the one out of state, they can still file in Ocean County under certain circumstances. The process will require that one of the individuals retains legal residency in the state. The out-of-state individual may not even need to attend court hearings.
An attorney can represent a client in an out-of-state divorce, resolving most issues without the parties needing to travel back and forth.
When a Divorcing Party Fails to Cooperate
One issue that individuals could face if their spouse has left the state or country is that the other person may not respond to any of the legal proceedings. The filing party has options for recourse in these circumstances.
For instance, the state may allow for a default divorce in these situations. If a spouse files for divorce and serves the other party, the defendant will have 35 days to respond. In the case that other party fails to answer, the plaintiff has 60 days to request the default judgment from the court.
Default divorces require the plaintiff to sign an affidavit that the defendant is not a United States military member. The court will not complete a default judgment on an active service member. Speak to an Ocean County lawyer to learn more about out-of-state divorce processes and options.
Reach out to an Ocean County Out-of-State Divorce Attorney Today
Many parts of modern divorce will not require in-person communication. If you or your spouse are currently living out of state, the assistance of a legal professional could ease some of the burden of getting everything in order for your separation.
A member of our legal team can explain how living in a different state could impact your ability to file for divorce and walk you through the necessary steps to begin the legal process. Speak to an Ocean County out-of-state divorce lawyer today to learn more.
