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Most couples don’t imagine the day when their marriage will come to an end. Unfortunately, divorce is a relatively common reality in today’s day and age, and in fact, roughly fifty percent of all marriages end in divorce. That said, if you’re about to get divorced, you likely have several questions, including how to begin. One of the very first steps to getting a divorce in New Jersey is fulfilling the residency requirements. Please continue reading and reach out to our experienced Bergen County divorce attorney to learn more about the residency requirements for divorce and how our legal team can guide you through each facet of the divorce process. Here are some of the questions you may have:

What residency requirements do I need to fulfill for a divorce in New Jersey?

If you’re looking to get divorced in New Jersey, you’ll have to meet certain criteria. To fulfill the state’s residency requirement, you’ll have to prove that either you or your spouse has been a resident of the state for at least one year before you file for divorce, unless in the case of adultery, in which case you can file for divorce in New Jersey if you’ve lived there for any amount of time.

Should I file a no-fault divorce or cite fault grounds?

Once you fulfill the residency requirement, you’ll have to decide whether you wish to cite fault grounds or file a no-fault divorce. Essentially, when citing fault grounds, you’re blaming the divorce on your spouse. Some examples of fault grounds include adultery, cruelty, abandonment, addiction, incarceration, and more. Often, spouses will want to cite fault grounds, especially if they believe their spouse truly is the cause of their divorce, but the truth is, in most cases, citing fault grounds isn’t the best idea. To start, if you choose fault grounds, your spouse will have an opportunity to deny your allegations, which often makes for a more hostile, contentious, and longer divorce process. Additionally, as you may know, the longer your divorce drags on, the more it will ultimately cost you.

For this reason, it’s typically best to file a “no-fault” divorce, wherein you can simply site irreconcilable differences as your reasoning for the divorce. You can still disagree on divorce-related terms like child custody or property distribution, just you’re not placing the blame on your spouse for the divorce. If you would like to learn more about the process or you want to get started, give us a call today.


If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, contact McNerney & McAuliffe today.

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