New Jersey Divorce Attorney
Understanding New Jersey Divorce Law
In New Jersey, divorce is governed by a very strict set of legal requirements. To successfully bring a divorce suit, both parties must first meet these requirements and ensure their case is hearable by the New Jersey court. One of the most stringent of these requirements is the New Jersey residency requirements for divorce cases.
New Jersey Residency Requirement for Divorce and Annulment
To file for divorce in New Jersey on grounds other than adultery, one (or both) of the parties must have been a resident of the state of New Jersey for One (1) year prior to the start of the divorce case.
If the parties are trying to file for an annulment (referred to as “Nullity of Marriage” in New Jersey), either party must be a “bona fide” resident of New Jersey when the action is commenced.
What is a Divorce Action Called in New Jersey?
In New Jersey, two parties seeking a termination of their marriage is not simply called a divorce. Rather, New Jersey legally refers to the termination of marriage as “Divorce from the Bond of Matrimony.”
What are the filing requirements for a Divorce from the Bond of Matrimony in New Jersey?
New Jersey has specific filing requirements that both parties must adhere to when commencing their divorce action. Specifically, the Plaintiff (party bringing the action) must file a “Complaint for Divorce.”
This “Complaint for Divorce” must be filed in the Superior Court in the specific county where the Plaintiff lives. It cannot be a previously-held address, either. The Plaintiff must file the action in the county where he or she resides at the time of the filing.
Alternatively, if the Plaintiff does not actually reside in New Jersey, he or she is not out of luck. The suit can also be filed in the county in which the Defendant (party against whom the action is being brought) resides.
Can you change your name after getting divorced in New Jersey?
New Jersey has specific laws which allow either party to resume using the name he or she had before the marriage or civil union. New Jersey Statute 2A:34-21 enables the court to approve this name change. This request can be made in the complaint or via a counter claim. And if your spouse consents, this request can even be made during the final hearing. If you want to wait until after the divorce, New Jersey allows parties to file a post-judgment motion (accompanied by a nominal filing fee) which allows you to request the change of your name.
How can I get help with my Divorce case?
Filing for a Divorce from the Bond of Matrimony in New Jersey is a stressful affair. We will help you get the answers and results you need. Call us today for a FREE consultation today. Our experienced New Jersey Divorce Attorney can help with your case.
Contact Our Experienced New Jersey Divorce Attorney
For prompt assistance from an experienced New Jersey Divorce Attorney, contact Christopher Leon Garibian, Esq. today.