What Does the Divorce Process Look Like When My Spouse Lives in Another State?

It is no secret that the process of going through a divorce is often complicated and tiring for all parties involved. The process requires several different legal matters to be handled. In order to begin this process, spouses must meet certain requirements, including a residency requirement. However, this can become difficult if the two spouses live in different states. When facing matters of divorce, it is important to retain the services of an experienced divorce attorney to assist the process.

New Jersey Residency Requirements

When filing for a divorce, couples have to meet a residency requirement. This means that either spouse must have lived within the state in which they file for divorce for a minimum period of time. In the state of New Jersey, one or both of the spouses are required to be legitimate residents of the state for at least one year prior to filing. While some states may require a specific county requirement as well, the state of New Jersey does not. 

The Divorce Process in New Jersey

The process of going through a divorce can be long and time-consuming. There are several different ways to go about completing the process, including litigation, mediation, collaborative divorce, and arbitration. While it is beneficial to avoid divorcing through litigation if possible, it is a common option for spouses who are unable to reach agreements regarding their marital issues. Divorcing through litigation can be taxing on a person, which is why it is best to be prepared for the process in advance to know what to expect.

To begin a litigated divorce, a spouse is required to file their complaint with the Superior Court. After this, pendente lite orders can be requested. This allows certain marital issues, such as child custody or child support, to be addressed. Once this is done, the court can conduct what is referred to as “discovery.” During this time, both spouses’ financial information is obtained by the court. If spouses are unable to come to agreements regarding their marital issues, they may need to attend a trial. When this happens, a judge is appointed to make these decisions for them to finalize their settlements. Once these are established, the divorce can be finalized with a Final Judgement of Divorce.

Contact our Firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.