How Can I Get a Divorce If I Live in Another State?
Posted November 1st, 2017 by Anthony Carbone, PC.
Categories: Family Law.
After separating from your spouse of 10 years, you decide it’s time to start your life again. You get a new job and move to another state. You get a new set of friends and your outlook has changed. Life is good. But there’s still one pesky matter to clear up to break free from your old life — your marriage. But you live in New Jersey and your soon-t0-be ex lives in Florida. Will there be a problem getting a divorce?
When one spouse lives in another state, divorce proceedings can get a little more complicated then if both spouses live in the same state. But this does not mean it’s impossible.
First, you need to know that you won’t have to go back to the state you previously lived in to get a divorce. You will be able to file for divorce in New Jersey, even if your spouse is still living in another state. However, it is important to note that in order to file for divorce in New Jersey either you or your spouse must meet the residency requirement. This is very important — many cases have been dismissed because proof of residency was not present. All you need is a driver’s license or a job in New Jersey and it’s proof enough for the courts.
Where you file your case all depends on how straightforward your divorce may be. In the example above, it sounds like there are no children involved and both parties have their own property. Therefore it may be easy to just file for a quick divorce in New Jersey.
Unfortunately, not all divorces are that simple. When it comes to child custody and division of property, it may make more sense to select the state that has more favorable laws toward your situation than the other. An experienced divorce attorney can help you make a decision.
You also have to remember that you need to provide a notice to your spouse about the pending proceedings. The best way to make sure he/she receives the complaint is having it served by a process server, a sheriff, or qualified individual. It’s also important to remember that the divorce proceedings will take place in the state where whoever files the papers first,
If you are thinking of divorce or another family law matter in New Jersey, we can help. Contact the Law Offices of Anthony Carbone today for a free consultation.
