Divorce is a legally complex process, and it becomes even more complicated when dealing with jurisdictional issues. Understanding how and where you can file for divorce—or “dissolution” as it’s called in New Jersey—is only the first step of many. An experienced Red Bank divorce lawyer can review your situation and explain your legal options.
Here, we discuss if filing for divorce with an out-of-state spouse is possible in New Jersey and how to navigate specific residency, jurisdiction, and service rules.
New Jersey’s Residency Requirement
New Jersey law allows anyone in a marriage, civil union, or domestic partnership to file for divorce, as long as at least one of the parties lives in the state. Either you or your spouse/partner must have lived in New Jersey for at least one year before commencing this legal action.
However, in some cases, if the grounds for divorce occurred within New Jersey, the residency requirement can be waived.
Which Court Has Jurisdiction?
The court that has jurisdiction has the legal right to make determinations regarding the parties. This is usually the state where the couple last lived together. If this is New Jersey, it will likely have jurisdiction over your divorce, as long as at least one of the parties is still a resident of the state.
If your spouse is a resident of another state, you can file for divorce in New Jersey, but your spouse has the right to contest the court’s jurisdiction. New Jersey courts can usually decide on property settlements, alimony and maintenance, or child custody arrangements if the out-of-state spouse has sufficient connections to the state. But that is typically a legal determination—known as long-arm jurisdiction—that must be made by the court.
What Is Long-Arm Jurisdiction?
Long-arm jurisdiction is a court’s ability to exercise jurisdiction over an individual or entity that resides in another state. For divorce cases in NJ, long-arm jurisdiction applies when the out-of-state spouse has sufficient connections to allow a state court to make decisions regarding property division and child custody.
When determining whether the state has long-arm jurisdiction, the court may consider:
- Whether the non-resident spouse has any real property in New Jersey
- Whether the couple’s children attend school, visit relatives, or have other connections to the state
- Whether the out-of-state spouse regularly works or conducts business in New Jersey
- Whether the couple previously resided together in New Jersey and still maintains ties here
- Whether the non-resident spouse has any other significant connections to the state
The court will have to determine jurisdiction before it decides any pertinent matters in your case.
How to Serve Divorce Papers on a Spouse Who Resides in Another State
A divorce case officially begins after one spouse files a complaint for dissolution of the marriage and serves their spouse with notice of the case. Special rules apply when a spouse lives out of state.
For example, service by publication may be sufficient in New Jersey when both spouses reside in the state, which allows a spouse to publish notice of the case in a local newspaper, thereby providing constructive notice to the other spouse. However, this method of service is generally not sufficient when dealing with an out-of-state spouse.
The form of legal service you use to notify your spouse of the case should be recognized in New Jersey as a basis for jurisdiction over a nonresident. Ask your process server for proof of service, which provides objective confirmation that your spouse received the divorce complaint. Your spouse could agree to jurisdiction, simplifying the process.
An experienced Red Bank family law lawyer can discuss the options available to you, based on your particular situation.
Contact The Law Office of Jennifer J. McCaskill LLC for a Confidential Consultation With a Red Bank Divorce Attorney Today
At The Law Office of Jennifer J. McCaskill, LLC, we understand the complexities involved in divorces and those with out-of-state residence. We can handle your multi-state divorce, explain your legal options, and guide you through the legal process from start to finish. We are focused on achieving a fair outcome for your case.
Contact us today to learn more from a Red Bank divorce lawyer during a confidential consultation.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firm in Red Bank. NJ is ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
