What You Need to Know About Out-of-State Divorce

When someone gets divorced, they are often faced with a wide array of emotional, financial, and legal complications. While all divorces are complicated, at least to some degree, there are times where divorce can become even more complicated if your spouse no longer resides in the same state as you. Fortunately, our firm is here to help guide you through this matter. Please continue reading and speak with our knowledgeable Bergen County out-of-state divorce attorneys to learn more about how these situations are traditionally handled and how we can assist you. Here are some of the questions you may have regarding the legal process going forward:

What are the residency requirements for a divorce in New Jersey?

Before any couple gets divorced, they are first required to meet what are known as residency requirements. This is done through the court establishing “jurisdiction.” There are various residency requirements for a no-fault divorce in New Jersey. Those requirements are as follows:

  • You or your spouse has lived in New Jersey for at least 12 consecutive months before you have filed for divorce
  • There have been irreconcilable differences for at least 6 months
  • The irreconcilable differences prove that your marriage has irretrievably broken down, thereby warranting its ending
  • There is no possible chance of reconciliation

Should I file for divorce first?

If you are looking to get divorced and your spouse has moved away and is no longer living in New Jersey, there may be various reasons as to why you should consider getting divorced first. One of the most critical reasons why you should be the first to file is that, in many cases, if you file first, your divorce will take place in your jurisdiction. So, if your spouse has moved away to another state, and he or she chooses to file first, there is a very good chance that you will have to drive to his or her state to attend the divorce proceedings. If you file first, just the opposite is true. If you have a job, children to care for, or otherwise, then filing first may prevent you from having to travel a great distance and abandon your priorities. If you have any further questions or you are ready to file for divorce, give our experienced Bergen County divorce attorneys 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.

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