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New Jersey Divorce Residency Requirements

In order to file your Complaint for Divorce in New Jersey, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the New Jersey residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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 the  rules of the Supreme Court, and

    1.  When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the  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 has  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 bona fide 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)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of New Jersey. It is most common that people file for a divorce in the county in which they live. You can also read more about the New Jersey residency requirements in the New Jersey state statutes located at: http://lis.njleg.state.nj.us/. If you are unsure of whether or not you meet the New Jersey residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.