NJSBA Family Law Section

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  • 1.  Jurisdiction

    Posted 10-07-2020 04:32 PM

    N.J.S.A. 2A:34-10 - No action for absolute divorce shall be commenced for any cause other than adultery, unless one of the parties has been a bona fide resident of New Jersey for the one year immediately preceding the commencement of the action, or, since the cause of action arose, either party has become, and for at least one year immediately preceding the commencement of the action has continued to be, a bona fide resident of this State."

    I cannot find any case or reference that specifically says what, if any, is the residency requirement for adultery.

    Sally is married Harry. They lived in CT for 6 years. Harry cheats on Sally in CT and now is in a residential rehab in PA. Sally returns to her home state of NJ last month. She wants to file for divorce. CT lawyer says they do not have jurisdiction. 

    Since the grounds are adultery, is there any residency term that must be satisfied other than proving Sally is currently a bone fide resident of NJ?

    Thanks in advance.

     



    ------------------------------
    Carol N. Goloff, Esquire
    2216 Shore Road
    The Dr. Peter Marvel House
    Northfield, NJ 08225
    [email protected]
    Phone 609-646-1333
    Fax 609-641-6373
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  • 2.  RE: Jurisdiction

    Posted 10-07-2020 04:35 PM

    Isn't the problem that you don't have personal jurisdiction over either Husband or Mistress (who you would have to implead)?  I don't think the length of residency for Wife is the problem.

     

     

    Yours very truly,

     

    Alix

     

    Alix Claps, Esq.

    1201 Sussex Turnpike

    P.O. Box 518

    Mt. Freedom, New Jersey 07970

    Phone: 973-895-4400

    Fax: 973-895-4401

    Email: [email protected]

    Web: www.heymannfletcherlaw.com

     

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  • 3.  RE: Jurisdiction

    Posted 10-07-2020 04:51 PM
    It is my understanding is that there is no time period, but rather a bona-fide residence requirement.  
    Allan Weinberg Esq.
    Master of Laws (LL.M.)
     
    p: 732.806.5529 v/t p/f: 732.845.0144 fax
    a: 200 Highway 9, Suite 400, Manalapan, NJ 07726
     
     





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  • 4.  RE: Jurisdiction

    Posted 10-08-2020 10:01 AM
    That is my understanding as well. The court will take jurisdiction so long as she is a current NJ resident.





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