Even though you do not physically live together, you feel you need to begin divorce proceedings against your spouse. But can you divorce a spouse who lives in another state under New Jersey law? If you are asking yourself that very question, please read on. Then contact one of our experienced contested divorce attorneys in Bergen County, NJ to learn what your rights and responsibilities are in this matter.
Does New Jersey law allow you to divorce a spouse living in another state?
Simply put, yes. Under New Jersey state law, you have the ability to initiate divorce proceedings against a spouse even if they currently reside in another state. Unlike some states, you need not return to the state or territory where you were issued a marriage license. All you need do is file in the state or states where you or your spouse meet the residency requirements. In order to bring your case before the Family Court, one of the spouses must be able to meet the Garden State’s residency requirement.
How do you meet New Jersey’s residency requirement for divorcing a spouse living in another state?
To meet the residency requirement for filing for divorce in the state of New Jersey, you or your spouse must have been residing in the Garden State for at least one year. If neither one of you has been living in New Jersey for at least a year, you may only file for divorce when the grounds are for adultery. If that is the case, you will need to do the following:
- List adultery as the “legal grounds” for your divorce request
- Collect and provide evidence that your spouse has cheated
- Prove that the infidelity led to the breakup of your marriage
Even if you have sufficient evidence to prove that adultery was the cause of the dissolution of your marriage, you would be wise to retain the services of one of our skilled Bergen County divorce attorneys.
Do you really need to hire a Bergen County divorce attorney?
Legally speaking, the law does not require you to have an attorney in order to proceed through your divorce. However, engaging a qualified legal professional can help you better understand your rights and responsibilities. Furthermore, your attorney could do all the hard work of collecting and presenting the required evidence. Don’t be trapped in an unhappy or unhealthy relationship. Give us a call today.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.