A couple sitting on a couch not happy with eachother

Even if you want a divorce, you can’t just get one in New Jersey without meeting certain requirements first. Carvajal Law is very familiar with the New Jersey divorce requirements. If you need any help filing for your divorce in Northern New Jersey, Carvajal Law can help. Keep reading to learn more about NJ Divorce requirements or click the links below to learn how we can get you through the divorce process.

What Do You Have to do Before You Can Get an NJ Divorce?

Nearly every legal process has requirements that you must meet before you can proceed, and divorce is no different. Every state, in fact, handles its divorce requirements a little differently. Make sure you meet or are on the road to meeting New Jersey divorce requirements before you try to file.

Resident Requirement for NJ Divorce

In order to file for divorce in New Jersey, you or your spouse must have been a resident of New Jersey for the last 12 consecutive months. This does mean that both of you do not have to be currently residing in New Jersey to file which can be helpful for some.

It’s worth noting that if you were married under New Jersey law, but then moved outside of New Jersey, there are some states that will not allow you to dissolve your marriage since your marriage happened in another state. If this is the case for you, then you can still file for divorce in the New Jersey county in which you were married. If you currently live in New Jersey, then you will file in the county where you currently reside.

Separation Requirement for NJ Divorce

a couple facing away from each other in a field at sunset

This is a little complicated but essentially you and your spouse must have been separated and living apart for at least 18 months to file for a no-fault divorce. However, you can still file if you haven’t been separated for 18 months but have had irreconcilable differences for at least 6 consecutive months. In a no-fault divorce, no one takes the blame for the divorce dissolving.

In a fault-based divorce where one spouse did something to bring about the divorce, there is no waiting period. These grounds for divorce include things like adultery, cruelty, desertion, imprisonment, habitual drunkenness, or drug use.

Read More: Should You Move Out if You are Getting a Divorce in New Jersey?

Age Requirement for NJ Divorce

In order to file for divorce, you have to be at least 18. Since the age requirement for marriage in New Jersey is 18, this is rarely an issue. However, in a situation in which someone under the age of 18 needs to seek a divorce in New Jersey, a parent or guardian can file on their behalf. You may also be able to consider annulment.

Difference Between an Annulment and Divorce in NJ

New Jersey Divorce Attorney in North Bergen

Are you in need of a divorce attorney in North Bergen or any of the surroudnng areas in Northern New Jersey? Then Carvajal Law can help. We have experience with all manner of divorce including no-fault, uncontested, divorce with grounds, and traditional divorce. Feel free to reach out to us for a free consultation today.

Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.

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