You and your spouse may have an undeniable tie or connection to the state of New Jersey if this is where you got married. But in the years that followed, you may have moved or set down roots out of state. All of this to say, once you and your spouse have sadly decided upon a divorce, you may wonder whether the New Jersey family court has jurisdiction over your case. Well, please continue reading to learn the regulations behind getting divorced in a different state than where you got married, and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you file in the right place.
Can I get divorced in a different state if I got married in New Jersey?
Put simply, yes, you can get divorced in a different state than where you got married. This is because it does not necessarily matter where your marriage ceremony took place, but rather where you and your spouse resided during your marriage. This is otherwise known as the residency requirement for divorce. These requirements vary state by state.
But as far as New Jersey goes, the family court may only accept your divorce petition if you or your spouse lived in the state for at least 12 consecutive months before filing for divorce. Also, it may help if you or your spouse is a registered and permanent resident of New Jersey, as proven through state-issued documents.
This is in addition to other conditions, such as requiring you and your spouse to have experienced irreconcilable differences for at least six months, with a certainty that you will not reconcile. The only exception to this one-year rule is if you wish to file an at-fault divorce from your divorce on the grounds that they committed adultery.
Is it difficult to get a divorce in a state where you do not currently live?
While you may meet the residency requirements for a New Jersey divorce, you may not currently live in the state. This is not to say that you cannot proceed with a New Jersey divorce, but rather it is a warning that it may pose more challenges. For one, you may have to follow specific legal procedures to serve your out-of-state spouse with divorce papers.
This is not to mention that, if you and your spouse share children together, there may be initial confusion over what is considered to be their home state. Even once this is cleared up, though, a different family court may have jurisdiction over your child custody and child support orders than the one handling your other divorce-related terms.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at McNerney & McAuliffe has successfully gone through this countless times before. So please, retain the services of a skilled Bergen County family law attorney today.