NJSBA Family Law Section

Throughout their marriage of 35 years, client and husband resided in New Jersey.  Three years ago, they changed their primary residency for tax purposes to Florida.

They own two residences in New Jersey where they reside except for the 180 days that is required for them to stay in Florida.  They own one residence in Florida and husband has a business outside of Philadelphia, close proximity to their NJ former marital residence.  My client would like to file in New Jersey. Both children are grown and emancipated. My questions are as follows:

1.       Would she be able to file in New Jersey if she files first even though her residence for tax purposes is in Florida?

2.       If she files first, could husband successfully remove it to Florida?

Please give me your thoughts on this subject-

Thank you-

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Throughout their marriage of 35 years, client and husband resided in New Jersey.  Three years ago, they changed their primary residency for tax purposes to Florida.

They own two residences in New Jersey where they reside except for the 180 days that is required for them to stay in Florida.  They own one residence in Florida and husband has a business outside of Philadelphia, close proximity to their NJ former marital residence.  My client would like to file in New Jersey. Both children are grown and emancipated. My questions are as follows:

1.       Would she be able to file in New Jersey if she files first even though her residence for tax purposes is in Florida?

2.       If she files first, could husband successfully remove it to Florida?

Please give me your thoughts on this subject-

Thank you-

Confidentiality Notice: This message is confidential, intended only for the named recipient(s) or entity (ies) and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution or copying of this message is strictly prohibited, and you are requested to notify us immediately by email or by calling Charny, Charny & Karpousis, P.A. at 856.505.1700, and delete the message forthwith. Thank you for your cooperation.

Throughout their marriage of 35 years, client and husband resided in New Jersey.  Three years ago, they changed their primary residency for tax purposes to Florida.

They own two residences in New Jersey where they reside except for the 180 days that is required for them to stay in Florida.  They own one residence in Florida and husband has a business outside of Philadelphia, close proximity to their NJ former marital residence.  My client would like to file in New Jersey. Both children are grown and emancipated. My questions are as follows:

1.       Would she be able to file in New Jersey if she files first even though her residence for tax purposes is in Florida?

2.       If she files first, could husband successfully remove it to Florida?

Please give me your thoughts on this subject-

Thank you-

Confidentiality Notice: This message is confidential, intended only for the named recipient(s) or entity (ies) and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution or copying of this message is strictly prohibited, and you are requested to notify us immediately by email or by calling Charny, Charny & Karpousis, P.A. at 856.505.1700, and delete the message forthwith. Thank you for your cooperation.

Throughout their marriage of 35 years, client and husband resided in New Jersey.  Three years ago, they changed their primary residency for tax purposes to Florida.

They own two residences in New Jersey where they reside except for the 180 days that is required for them to stay in Florida.  They own one residence in Florida and husband has a business outside of Philadelphia, close proximity to their NJ former marital residence.  My client would like to file in New Jersey. Both children are grown and emancipated. My questions are as follows:

1.       Would she be able to file in New Jersey if she files first even though her residence for tax purposes is in Florida?

2.       If she files first, could husband successfully remove it to Florida?

Please give me your thoughts on this subject-

Thank you-

Confidentiality Notice: This message is confidential, intended only for the named recipient(s) or entity (ies) and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution or copying of this message is strictly prohibited, and you are requested to notify us immediately by email or by calling Charny, Charny & Karpousis, P.A. at 856.505.1700, and delete the message forthwith. Thank you for your cooperation.

New Jersey's residency requirement is one year BUT one needs to be a "bona fide" resident and it seems to me that if the parties have – for three years – chosen to call Florida their domiciliary State, either one could not now appear in New Jersey and claim to be a bona fide resident.

Check out Williams v. North Carolina 325 U.S. 226 (1945) which indicates that a sister state can refuse to recognize divorce decree of another state and discussion of full faith and credit versus comity (first in time to file) and discussion of domicil versus residence.

NJ case law says domicil is different than residence which is that domicile indicates intent to establish bona fide residence for indefinite period or permanently with an intent to remain or return. (Gosschalk v. Gosschalk 48 NJ. Super 566 (App Div. 1955).  The Court will look at indicia of domicil. This is where you need to establish a list of facts that supports NJ domicil (driver's license, voter's registration, insurance, bills, time spent, capital improvements on NJ residence to name a few).

Good luck.

Georgia

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Throughout their marriage of 35 years, client and husband resided in New Jersey.  Three years ago, they changed their primary residency for tax purposes to Florida.

They own two residences in New Jersey where they reside except for the 180 days that is required for them to stay in Florida.  They own one residence in Florida and husband has a business outside of Philadelphia, close proximity to their NJ former marital residence.  My client would like to file in New Jersey. Both children are grown and emancipated. My questions are as follows:

1.       Would she be able to file in New Jersey if she files first even though her residence for tax purposes is in Florida?

2.       If she files first, could husband successfully remove it to Florida?

Please give me your thoughts on this subject-

Thank you-

Confidentiality Notice: This message is confidential, intended only for the named recipient(s) or entity (ies) and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution or copying of this message is strictly prohibited, and you are requested to notify us immediately by email or by calling Charny, Charny & Karpousis, P.A. at 856.505.1700, and delete the message forthwith. Thank you for your cooperation.