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Establishing New Jersey Residency For Divorce

People who are seeking a divorce harbor many misconceptions regarding the requirements for the process. In New Jersey, it is not as simple as saying that you want a divorce and having it happen just like that. In New Jersey, a divorce will not be granted simply because the participants want one. There has to be a reason presented as grounds for the action. There are “fault” and “no fault” filings. A “no fault” filing generally means that the participants will say that there are irreconcilable differences that can not be worked out and that they would like to dissolve the marriage. If there is a “fault” alleged in the proceeding, the petitioner will file for divorce and present a reason for the filing such as adultery, drug addiction, alcohol addiction, physical or emotional abuse, abandonment, among others. One thing that people in New Jersey tend to forget when they file for divorce is that they must meet the requirements for establishing residency in the state prior to filing. This is due to each state possibly having their own rules governing divorce and it is necessary to be a resident of the state in which you are attempting to get divorced before it will be allowed to go through.

Establishing Residency In New Jersey

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Filing for divorce in New Jersey while not being a legal resident of the state will result in the case being dismissed. A frequent mistake made by people trying to get divorced is believing that the divorce must be filed in the same state in which they were married. It is not true. Most divorces in the United States are filed in the location where the petitioner lives.

To file for divorce in New Jersey, certain residency requirements must be met so the court will accept the case. If the case is filed in New Jersey and the court finds out that it is the wrong jurisdiction to hear it, it will either not be accepted from the start or once the mistake is discovered, the case will be dismissed.

When filing for divorce in New Jersey, the complaint has to be filed in the Superior Court located in the county where either you or the spouse lives. For example, if you live in Middletown, Colts Neck, or Red Bank your divorce will be filed in the Monmouth County Superior Court in Freehold, New Jersey. If you live in Point Pleasant, Brick or Jackson your divorce will be filed in the Ocean County Superior Court in Toms River, New Jersey. If it is a no-fault divorce, the residency requirement in New Jersey is one year. You cannot live in another state, come to New Jersey and file for divorce. However, if you have met the residency requirements to file, then you can go and live wherever you want after the case has been filed and accepted by the court.

It is not necessary to remain at the same address after you filed for divorce in New Jersey. You can live anywhere in the state. If your spouse is not a resident of New Jersey and you have established residency, you are still able to file for divorce in New Jersey. Establishing residency is as easy as registering your vehicle in New Jersey.

Speak To A Qualified New Jersey Attorney

If you or a loved one are planning to file for divorce and have questions regarding establishing residency in New Jersey at a location such as Ocean County, Monmouth County or anywhere else in the state, it is wise to speak to a qualified attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey.

Filing for divorce can be a difficult process in every aspect. Many people who are considering divorce do not even think about the residency requirements that might be needed in order to properly file in New Jersey. It can waste a lot of time and money to file for divorce and find out that you failed to adequately fulfill the requirements for residency in the state. No matter where you choose to live for residency from Toms River, Brick, Point Pleasant, Middletown, Freehold or any other town, it is necessary to become a resident of the state if you wish to file for divorce in New Jersey.

Other Resources To Start Your Divorce

Out-Of-State Divorce

Shared Parenting In New Jersey Divorce

How To Handle An International Divorce

Finding Hidden Assets In A New Jersey Divorce

If you misrepresent your residency in New Jersey during your divorce case it will be dismissed! Contact Villani & DeLuca, P.C. at 732-751-4991 for assistance in understanding the residency requirements or to learn what you have to do to establish residency. Our firm has been representing clients from across Monmouth County and Ocean County since 1996. 


Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.