If one of the spouses is in the military and has to reside out of New Jersey and a divorce is desired, or if the spouse lives in another state or another country without being in the military, a question often asked is whether or not it is possible to file a petition for an out-of-state divorce in New Jersey. The answer is yes. It is possible to file for a divorce in New Jersey if your spouse is out-of-state or even if you are out-of-state.
Circumstances in Which an Out-of-State Divorce Can be Obtained In New Jersey
If you or your spouse is a member of the military and are required to be out of the state of New Jersey to do your duty and serve your country but are still a registered resident of New Jersey, it is possible to file for divorce regardless of whether you're in another state or serving overseas. The same holds true for living internationally without being in the military. All that is required is that the residency requirements for New Jersey are adhered to—that the person has registered New Jersey as the place of residence once the military service is ended or the time overseas is completed. In general, a person must reside in New Jersey for one year to file for divorce in the state, but if there is a military obligation, then that requirement can be relaxed.
It is not even required that both spouses be present at the hearings in order to complete a divorce in New Jersey. Depending on the circumstances surrounding the divorce, an attorney representing one or both parties can file the necessary paperwork and appear in court in lieu of the spouse or spouses. The New Jersey legal system is not going to interfere with a military obligation or force a person who is overseas to take the time and absorb the cost of coming all the way to New Jersey for what might be a simple hearing that an attorney can handle.
When there are children involved, alimony payments and child support, it is still possible to acquire a divorce when one or both spouses are living out-of-state. As the terms of the divorce are outlined, the court can even take into account the military service and requirements that accompany it and help to adjust the visitation rights and child support circumstances accordingly. If the people divorcing are doing so in an amicable fashion and the issues that have to be settled in the divorce are clearly defined, it is much easier to complete an out-of-state divorce. If it is a contentious divorce with acrimony on both sides, it is still possible to complete an out-of-state divorce while serving in the military or living in another state or country.
Contact an Experienced New Jersey Family Lawyers
If you or a loved one are living outside of New Jersey but have in the past lived in Ocean County, Monmouth County or the towns of Red Bank, Asbury Park or anywhere else and have established residence in the state, it is possible to file for divorce in New Jersey. When there is a situation such as this, it is important to speak to an attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey prior to moving forward with the case.
There are many factors that go into a couple choosing to get divorced and if one or both are currently out-of-state, these factors have to be accounted for and understood to ensure that it is possible to file and complete the divorce in New Jersey. Simply because a person has had to leave New Jersey due to work or military obligations doesn't mean they can't file for divorce in the state. It is also possible that your attorney can stand in for you at most or all of the court hearings.