When deciding where to file for divorce, it is important to consider all relevant factors. The outcome of property division, alimony, child custody, and child support could significantly vary depending on the state in which you file. If you got married in a different state but want to get divorced in New Jersey, it is important to fully understand your legal rights and obligations. To learn more and secure skilled representation, reach out to a Bergen County divorce lawyer today.
If I Got Married in a Different State, Can I Get Divorced in NJ?
Yes, if you got married in a different state, you can get divorced in New Jersey. There is no law stating that you must have been originally wed in the state in order to file for divorce here. However, it is important to note the residency requirements for doing so.
In order for an NJ court to have jurisdiction over your divorce case, you must meet the state’s residency requirements. To do so, you or your spouse must have lived in New Jersey for at least 12 months directly prior to filing for divorce. Only one of you has to meet this requirement.
There is an exception to this rule, however. If you are filing for a fault-based divorce on the grounds of adultery, the one-year requirement does not apply. In this case, either you or your spouse must have been a resident of the state for any amount of time before filing. It can be less than a year.
Why Would You Want to Get Divorced in a Different State?
There are many reasons why someone would want to get divorced in a state different from the one they got married in, especially New Jersey. Depending on the state you were married, New Jersey may have more favorable divorce laws. For example, NJ is an equitable distribution state, meaning that property and assets are divided between spouses fairly but not necessarily equally. Additionally, alimony is more accessible in NJ than in other states.
The process itself can also be easier in New Jersey. State law has streamlined divorce filings, especially for uncontested divorces, which can result in faster resolutions. There is no mandatory waiting period in NJ, so if there are no hiccups, your divorce could be finalized in as little as two months.
It may also just be more convenient to file in New Jersey. If you and your spouse moved to New Jersey a while ago, it is likely easier to commit to the process here rather than traveling back and forth or working with an out-of-state attorney.
In short, as long as you meet the state’s residency requirements, you can get divorced in New Jersey regardless of where you and your spouse got married. Whether you live in the state or are seeking more favorable terms, it is important that you work with a skilled family law attorney during your divorce. Contact a lawyer at Feitlin, Youngman, Karas & Gerson, LLC today to obtain representation.
