In the United States, the legal criteria to be able to get a divorce varies depending on the state you are in. It is crucial that you learn about the legal requirements and ensure that you check off all of the boxes before you file for divorce in New Jersey. The divorce process can be complex and time-consuming so preparation is key. Consult with an experienced Bergen County divorce lawyer to learn more about your legal rights and options today.
What Are the Requirements for Divorce in NJ?
In New Jersey, to successfully file for and obtain a divorce you and your spouse must meet two legal requirements.
1. Residency Requirement
According to state law, before you can legally file for divorce in New Jersey you must be a resident of the state for at least one year. The requirement does not stipulate that you must have been living as a married couple together for the year. As long as either you or your spouse meets the requirement and has been living in NJ immediately prior to filing for divorce, it is allowed.
2. Valid Grounds
You must also have a valid reason to get divorced, backed up with evidence (if the divorce ground calls for it). There are both fault-based and no-fault divorce grounds that include the following.
- Irreconcilable differences
- Separation
- Adultery
- Cruelty
- Institutionalization
- Incarceration
- Abandonment
- Substance addiction
- Deviant sexual conduct
If any of the above applies to your situation you can file for divorce in New Jersey.
What if I Don’t Meet the Requirements?
If you do not meet New Jersey’s legal requirements to file for divorce then you generally have two options. Most couples will meet the requirements for divorce grounds, as you can always default to a no-fault divorce based on irreconcilable differences. However, the residency requirement may pose an issue.
If you and/or your spouse have not been a resident of NJ for at least one year you may be able to get around this rule. The one exception to the residency requirement is if you are getting divorced as a result of adultery. If you are filing on the grounds of your partner cheating on you, state law allows you to file as long as you or your spouse have been a resident for any amount of time. Whether you have lived in New Jersey for 6 months, 1 week, or 1 day before filing, if the divorce is based on adultery you will be allowed to file.
However, if you do not meet the residency requirement and you do not have evidence of your partner cheating, then you will simply have to wait or file in another state. You can continue living in New Jersey while legally married until one or both of you meet the one-year residency requirement. Otherwise, you may be able to file in another state if you meet their criteria.
For more information and skilled legal advice during your divorce, consult with a Bergen County attorney today.
