Getting divorced is tough enough when you both live under the same roof. But when your spouse has packed up and moved to another state, that can make the process more complicated. Now, you might have questions about where to file, how to serve papers, and what will happen to the kids and property.
Fortunately, New Jersey courts deal with this issue all the time. The process is not always fast, but there is a clear path forward. Here is what you need to know about navigating divorce when one spouse lives out of state.
Who Can File in New Jersey?
If you want to start a divorce in New Jersey, one spouse must have lived in the state for at least one year before filing. That is the residency requirement. This one-year rule gives the court jurisdiction to handle your case. Without it, the court cannot issue a valid divorce decree.
Serving Divorce Papers Across State Lines
After filing, you will need to officially notify your spouse. This step is called service of process. It is how you prove that your spouse is aware of the case and has an opportunity to respond. When they live out of state, service can happen in a few ways, such as:
- Personal service: A professional process server delivers the papers in the state where your spouse lives.
- Certified mail: In some cases, the court may allow service by mail.
- Substituted or constructive service: If your spouse’s location is unknown or if they are avoiding service, you can ask the court for permission to serve through alternate methods, like publication.
Once your spouse responds, they have submitted to New Jersey’s jurisdiction. With that, the court can officially move forward.
What About Custody Decisions for Children?
Custody issues can be complicated when families live in different places. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state should handle custody and parenting-time decisions.
Under the UCCJEA, the child’s home state is the state where they have lived for at least six months before the filing. In most cases, that is the same one that has jurisdiction.
Property Division and Support
When it comes to dividing assets or deciding on alimony, New Jersey applies its own equitable distribution rules. With that, the property is divided fairly, not necessarily 50/50. Like any divorce, the division is based on each spouse’s financial situation and contributions to the marriage.
As long as the New Jersey court has proper jurisdiction, it can decide how to divide assets, handle debts, and award alimony, even if your spouse or some assets are out of state. Enforcement might require a little extra paperwork, but your orders remain valid.
How Can You Make a Smoother Process for Yourself?
While you might think that a divorce involving two states will turn into a procedural nightmare, it does not have to be that way. Here are a few tips to stay ahead of the chaos:
- Hire a reliable process server early: Remember that interstate service takes longer.
- Collect your records now: You will need copies of financial statements, tax returns, and property documents from both states.
- Ask for temporary orders: You can request temporary custody, support, or use of your home while the case is pending.
- Work with an experienced family law attorney in New Jersey: Interstate divorce cases involve extra legal layers. A lawyer familiar with New Jersey’s system will make sure your paperwork and service are rock-solid.
Out-of-State Divorces Don’t Have to Be Complicated
Navigating divorce when one spouse lives out of state can give you a few headaches. Fortunately, it is a situation that New Jersey courts handle all the time. With the right preparation and guidance, you can move your case forward here, even if your spouse has relocated elsewhere.
At Carvajal Law, we can assist with any type of divorce, including those involving parties from different states. If you would like to learn how we can help you, contact us today for a consultation.