Considering divorce in New Jersey requires more than just deciding to move forward—you must meet the state’s legal residency requirements. These rules determine whether a New Jersey court has jurisdiction over your case.
How long must you live in New Jersey?
To initiate a divorce in New Jersey, at least one spouse must have maintained residence in the state for a minimum of 12 consecutive months before filing. This requirement applies to the vast majority of divorce filings. Without satisfying this condition, the court will lack the authority to hear your case.
Are there any exceptions to the rule?
Yes, a notable exception exists. If your grounds for divorce involve adultery, the 12-month residency requirement does not apply. In this situation, you may proceed with filing as long as either spouse resides in New Jersey at the time of the filing. Among fault-based divorce grounds, adultery stands alone in bypassing the standard residency duration.
Why do residency rules matter?
Residency requirements serve an important legal function. They ensure that New Jersey courts only adjudicate cases with a legitimate connection to the state. These rules also prevent legal complications with divorce laws from other jurisdictions. If you do not meet the residency condition, you may have to delay your filing or pursue your case in a different state.
Make sure you qualify before filing
Before beginning the divorce process, confirm that you meet the residency requirement. Evaluate the length of time you or your spouse has continuously lived in New Jersey. Filing prematurely can result in delays, wasted legal expenses, and even the dismissal of your case. Confirming your eligibility in advance helps ensure your case proceeds efficiently.