You may have finally accepted the harsh reality that you and your spouse must go your separate ways and get a divorce. Once you do, you may be eager to start the divorce process to get this painful process over and done as quickly as possible. But before you jump into filing any paperwork, you must confirm that you are eligible to do so in the first place. That is, please read on to discover the legal requirements for getting a divorce and how a seasoned Bergen County divorce attorney at McNerney & McAuliffe can work to ensure you fulfill them before bringing forward your petition.
What are the residency requirements for getting a divorce in New Jersey?
First of all, to file for divorce in New Jersey, you or your soon-to-be former spouse must have been considered a resident of the state at a specific point in time. Specifically, one of you must have lived in the state within one year of filing your divorce petition. This is to say that it may not count if you were born, raised, and lived in New Jersey for a majority of your life but you resided within a different state’s borders in the 365 days prior to your divorce filing.
This is because the New Jersey family court may otherwise rule that they do not have jurisdiction over your divorce case. Subsequently, your case may be dismissed. Of note, the only exception to this residency requirement is if you file a fault-based divorce and claim adultery as its grounds.
What are the other legal requirements for getting a divorce?
Once you surpass the residency requirement, you must decide whether to file for an uncontested or contested divorce. There may be different legal requirements for each one.
For example, for an uncontested divorce, you and your soon-to-be former spouse may have to file a joint petition that states your mutual desire to end the marriage amicably. This is otherwise known as a no-fault divorce, which requires you and your spouse to be separated for at least 18 months beforehand. Ultimately, you are required to work together to negotiate a settlement agreement. Otherwise, it may quickly turn into a contested divorce.
Secondly, for a contested divorce, you may have to serve your spouse with divorce papers in a certain manner. This may have to be done in person by a third party, such as the sheriff, a process server, a family member or friend, or your or their attorney. Soon after, you may have to engage in a discovery process to establish supporting evidence of your claimed fault grounds (i.e., adultery, extreme cruelty, desertion, imprisonment, etc). This likely concludes with mandatory court appearances at trial proceedings.
If you are ready to serve your spouse with a divorce petition, please first retain the services of a competent Bergen County family law attorney. Our team at McNerney & McAuliffe is ready and able to take on your case.
