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Divorce Residency Requirement

  • 1.  Divorce Residency Requirement

    Posted 03-30-2017 07:47 PM
    Hi all,

    I have a client who needs a divorce from a seriously abusive husband. The issue is that she's been moving around from state to state, living in hiding, to avoid him finding out where she is. She's finally settled in Jersey, but has only been here a couple of months. Is there any way to get around the residency requirement so she can get divorced? I should mention, husband is not a Jersey resident, either.

    Thanks in advance for any and all advice!


    ------------------------------
    Aleksandra N. Gontaryuk, Esq.
    AG Law Group
    P.O. Box 244
    Metuchen, NJ 08840
    Tel.: 908.336.7550
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  • 2.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:07 PM
    Edited by System 12-28-2023 05:01 PM
    Aleksandra: 
    I don't see how. 

    Does she have a driver's license? Bills etc....indicia of residency in any other state? 

    If she is planning to stay in NJ, the best thing she can do right now is either start to establish residency here now. She could also obtain the protection of a restraining order, if God forbid, the husband showed up. 

    ------------------------------
    W. Lois Kahagi Esq.
    Metuchen, New Jersey, 08840
    Tel: 732-662-1080
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    Original Message


  • 3.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:13 PM

    The only option I see is to file a complaint based on adultery. There is no temporal residency requirement for such a claim.

     

    Otherwise, file an FD action seeking divorce-like relief and get the actual JOD later.

     

    Very truly yours,

    Andrew

     

    ---

     

    ANDREW M. SHAW, ESQ.

    Divorce & Family Attorney

     

    DeTommaso Law Group, LLC
    73 Grove Street | Somerville, NJ 08876

    t: 908.595.0340 | f: 908.595.0343

     

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    www.DeTommasoLawGroup.com

     

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  • 4.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:15 PM
    Isn't a cause of action for adultery an exception to the one-year rule?  If the husband had extra-marital relations, I think she can do it.  

    Don Fraser


    Sent from my iPhone



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  • 5.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:38 PM
    Yes. 

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.
    (732) 972-1600

    Visit my website: www.mydivorcelawyernj.com



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  • 6.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:27 PM
    If she has any evidence that her ex has been with another person (of either gender) since they married, then she filed based on adultery and there's no residency requirement.

    As far as using an address he won't find, she can rent a room at a friend's house and draw up a quick lease for $1 - whether that's wise depends on the truth of how violent the guy is. If there's a DV order, I've had courts permit using c/o my office address. Heck, if there's a DV, she can change her name and social security number if there's a basis for it.

    Keep in mind that, unless the court has jurisdiction over him, it can't address equitable distribution or support, but it can dissolve the marriage.

    I hope there's no kids involved; having to establish UCCJEA jurisdiction would complicate matters. I'm sure we've all seen cases where a parent with a psych or substance or other issue will... "mis-portray the facts" with great drama in order to avoid an evaluation.

    <x-sigsep>

    David Perry Davis, Esq.
    -------------------------------------------
       www.FamilyLawNJ.pro
    -------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



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  • 7.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:30 PM
    Yeah, she already has an FRO from MA and a Jersey license, I believe. She's working on establishing residency here in Jersey, but I was just trying to figure out a way she can get divorced here sooner rather than later so she can move on with her life. They don't have kids and she doesn't want anything from him other than the divorce, which should make things a bit easier. I will check about the adultery though, as she didn't mention anything when I met with her previously. Thanks everyone!

    --
    Aleksandra N. Gontaryuk, Esq.
    AG Law Group, LLC
    P.O. Box 244
    Metuchen, NJ
    tel: 908.336.7550
    fax: 908.379.8758
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  • 8.  RE: Divorce Residency Requirement

    Posted 03-30-2017 08:22 PM
    She can file for DV but divorce is 1 year

    Sent from my iPhone



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  • 9.  RE: Divorce Residency Requirement

    Posted 03-31-2017 07:47 AM
    Can she file on the grounds of adultery?  See N.J.S.A. 2A:34-10, Jurisdiction in divorce proceedings... residence requirements:

    "When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this;"  

    According to the comment thereunder, neither party is required to satisfy the one-year residency rule in a cause for adultery.

    --
    ELIZABETH VENGEN

    Elizabeth Vengen, Esq., L.L.C.
    Tel. (908) 310-7403
    Fax (973) 697-1599


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  • 10.  RE: Divorce Residency Requirement

    Posted 03-31-2017 09:07 AM
    Reads like Bed and Board might work as well? 

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    Andrew Bestafka Esq.
    Freehold NJ
    (732)898-2378
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    Original Message


  • 11.  RE: Divorce Residency Requirement

    Posted 03-31-2017 02:57 PM
    << Reads like Bed and Board might work as well?  >>

    Looking at the statute, yes - that'd work. There's no residency requirement for a B&B / Limited Divorce. Even without adultery, you could file for a B&B and then, after one year (when residency is established for absolute divorce), file a motion to convert the judgment. This could be extremely helpful in any case where there's a potential residency issue. Good catch!


    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message