If I Got Married in a Different State, Can I Still File for Divorce in New Jersey?

In general, yes, if you got married in a different state, you can file for divorce in New Jersey. However, there are many things to consider to ensure you protect your legal rights and options. Work with a knowledgeable Morristown divorce attorney for more information and legal representation.

Why Would You Get Divorced in a Different State?

While some people are born and raised in the same place that they live for their entire lives, many others move around and relocate for work, family, fun, etc. You may want to file for divorce in a different state than where you were married for any number of reasons, one of which is convenience.

It is much easier to get divorced in the state where you live rather than travel back and forth or attempt to work with an out-of-state lawyer. If you and your spouse have moved to New Jersey, it is likely more convenient for you to file here.

If I Got Married in a Different State, Can I Still File for Divorce in NJ?

Couples and families move around all the time, whether for work, family, or just because they want to. If you and your spouse got married in a different state but now live in New Jersey, you may be wondering where you have to file for divorce.

The state where you got married has nothing to do with where you can get divorced. For most couples, marriages in one state are legally accepted and recognized across the U.S. This means that you can get divorced in just about any state, even if it is not the one where you got married. However, you must meet the state’s requirements in order to be considered eligible for a divorce.

How Can I File for Divorce in NJ?

If you got married in a different state but want to file for divorce in New Jersey, the most important thing to do is ensure you meet the residency requirement. The only potential issue with getting divorced in a state different than the one you were married in is that your new state may not have jurisdiction over the case. Meeting the residency requirements ensures that New Jersey has jurisdiction and can grant you your divorce.

In New Jersey, to meet the requirements for divorce, either you or your spouse must be a bona fide resident of the state for at least 12 consecutive months prior to filing. Only one of you must meet this criterion; you do not need to have lived together in the state.

There is an exception to this rule. If you are filing for divorce based on the fault ground of adultery, the one-year requirement is waived. Instead, either you or your spouse must be a resident of New Jersey for any amount of time directly before filing, even if it is less than one year.

Once this requirement has been met, you have the legal right to file for divorce, and a New Jersey state court can preside over the case.