New Jersey Residency Requirements
The state of New Jersey has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The New Jersey residency requirements are as follows:
Jurisdiction in actions for divorce, either absolute or from bed and board, may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and
1. When, at the time the cause of action arose, either party was a resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or
2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a resident of this State.
The divorce is typically filed with in county in which the filing spouse lives.
(New Jersey Statutes - Title 2 A - Chapters: 34-8, 34.10)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in New Jersey for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the New Jersey residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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