Getting a Divorce From a Spouse Living in a Different State

Divorce is one of the most complicated points in anyone’s life. Unfortunately, the process can become even more complicated if your spouse is no longer living in the same state as you. Without the help of an experienced, compassionate attorney by your side, the emotional stress of a divorce may become compounded by financial stress. Our firm is here to help. To learn more about the process, please read on. Here are some of the questions you may have regarding the weeks and months to come:

What are the residency requirements for a no-fault divorce in New Jersey?

Before you begin the divorce process, the courts will have to establish what is known as “jurisdiction.” This means that your divorce must satisfy certain requirements to take place. The requirements for a no-fault divorce in the state of New Jersey are as follows:

  • You or your spouse has resided in New Jersey for at least 12 consecutive months before you file for divorce
  • You and your spouse have experienced irreconcilable differences for at least 6 months–this is true even if you want a divorce, but your spouse does not
  • This irreconcilable difference makes it clear that your marriage has irretrievably broken down, and that your marriage should, unquestionably, end
  • You believe there is no reasonable chance for reconciliation at any time in the future

Despite the fact that you are filing for a no-fault divorce, your assets still may be subjected to equitable distribution. This is why it is almost always best to settle your divorce outside of court via mediation, if at all possible.

Should I consider a divorce mediator?

Hiring a divorce mediator may allow you and your spouse to come up with a compromise that works for you both. A divorce mediator is an unbiased, neutral third-party who you and your spouse appoint. A divorce mediator will facilitate civil conversation between you and your spouse with the hopes that you can resolve any disputes regarding the terms of your divorce outside of a courtroom setting. Many couples prefer this route, as they feel it gives them far more control over the outcome of their divorce.

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 moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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