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Can I File for Divorce in New Jersey?

What Are the Residency Requirements to File for Divorce in New Jersey?
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 the Superior Court, Chancery Division, Family Part, for your County. 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 theรŠ 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 theรŠ 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 hasรŠ 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 New Jersey 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).

How Do I Prove Residency in New Jersey?
In New Jersey to file for divorce, one of the spouses must be a resident of the state for at least a year. This applies in all cases except adultery, for which there is no time limit. Extreme cruelty requires you to live in the state of New Jersey for 3 months. You are signing the complaint, making a sworn statement that you live in the state of New Jersey and have for at least 1 year. Should the courts require further proof, you would need to offer a rental or lease agreement, any property taxes or employment verifying your current address. You could also provide the court with a copy of your driverโ€™s license with your current New Jersey address, which should be quite acceptable.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.
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