Can I Get Divorced if my Spouse Does Not Live in my State?

Nobody likes thinking about divorce. However, it happens, and if you are ready to divorce your spouse, you may not know where to begin. While it is always best to hire a knowledgeable attorney who is ready to help, reading the rest of this article will give you an idea of what the weeks and months to come will look like. If your spouse is currently living in another state, read on to learn about how to file for divorce.

What are the residency requirements for a divorce in New Jersey?

Judges must establish what is known as “jurisdiction” before handling a divorce case. Essentially, this means that a residency requirement must be fulfilled before the divorce can proceed. The residency requirement in New Jersey is simply that one or both spouses must have lived in New Jersey for longer than a year before a court will take their divorce case. Once jurisdiction is established, you can proceed with your case.

How long will a divorce take?

Generally, divorces can be settled within the year. However, if you have yet to begin the process, you have a long way to go. Unfortunately, when couples are engaged in a contested divorce, the process can sometimes take longer than a year. It is not uncommon for couples to disagree on the terms of their divorce, however, divorce litigations are very often unavoidable, despite the fact that they are usually a grueling, drawn-out process. The litigation process subjects both you and your spouse’s assets to equitable distribution, which rarely leaves both parties content with the outcome.

Can divorce mediation benefit me?

If you and your spouse have not yet considered hiring a mediator, maybe it is time to try. Essentially, a divorce mediator is an unbiased third-party professional whose job is to facilitate a civil discussion in a neutral setting. The end goal of a divorce mediation session is to produce a potentially legally enforceable compromise detailing the terms of your divorce. Generally, both spouses prefer this to litigation, as they feel like they have far more control over the outcome of their divorce. If this sounds like something that may work for you, please do not hesitate to reach out to our experienced, compassionate firm for assistance.

Contact our experienced New Jersey firm

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. We understand how serious and potentially impactful divorce and family issues can be, which is why we dedicate ourselves to providing our clients with compassionate and knowledgeable legal advice and action. If you need quality legal services, please do not hesitate to contact the firm for a consultation.