In New Jersey, either party can file for divorce with or without grounds. While the process is smoother if both parties agree, mutual consent is not legally required. But what if your spouse lives out of state. If you are asking this very question, please read on, then contact an experienced Ocean County contested divorce attorney to learn what you should know about divorcing a spouse who lives in another state.
Is divorcing a spouse who lives in another state legal under New Jersey law?
The answer is yes. It is perfectly legal and possible to file for divorce in New Jersey if your spouse lives out of state or even if you are out of state. As it turns out, you do not have to go back to the state that issued your marriage license. Instead, you can only file in the state or states where you or your spouse meet the residency requirements. Before a court will hear a case, one of the spouses must be able to meet the residency requirement.
What are the residency requirements for divorcing a spouse who lives in another state?
In order to file for a divorce in the state of New Jersey, either spouse must have been a resident of the state for at least one year prior to filing for divorce. The only exception to the one-year residency is when the grounds for divorce are for adultery. If the latter is the case for you, you will need to do the following:
- List adultery as the “legal grounds” for your request
- Prove your spouse cheated
- And prove that the infidelity caused the breakup
Whether or not you can prove your case, you will need to retain the services of a skilled Ocean County divorce attorney.
How can an Ocean County divorce attorney help you?
First and foremost, a qualified legal professional will be able to protect your rights and fully apprise you of your responsibilities in this matter. Our firm will see that you meet the residency requirements and/or the burden of proof that your spouse has been unfaithful. If left unchecked, this process could drag on for years. Life is too short to be trapped in an unhappy marriage. Let us fight for you and your future. Give us a call today.
Contact our experienced Ocean County firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.