Divorce may be an emotional process, but the law guides the outcome. The laws that apply during a divorce are different in every state or jurisdiction. Some states have the community property standard that requires a 50/50 division of property. Other states, like New Jersey, require an equitable or fair approach to property division. State law can impact child support and alimony or spousal support obligations, as well as the overall timeline for divorce.
For those hoping to file using New Jersey state statutes, being physically present in New Jersey is a baseline requirement. How long must people have maintained residency in New Jersey to be eligible to file for a divorce in the Garden State?
New Jersey requires a year of residency
Some states allow people to file for divorce there in a matter of weeks after relocating. New Jersey is a bit stricter. Only those who have resided in New Jersey for 12 months or longer are typically eligible for divorce in the state. There is one primary exception to that 12-month residency requirement.
In cases involving a fault-based divorce filing brought on the basis of adultery, divorcing in New Jersey is possible if either spouse currently resides in New Jersey, regardless of how long they have lived there. Otherwise, people who recently moved may need to wait months.
Determining when a New Jersey divorce filing is possible and what type of divorce to pursue is a process that requires legal insight. Discussing family matters and personal concerns about an upcoming divorce with a New Jersey lawyer can help people who may have previously lived in another state understand and comply with local laws.