How Do I Qualify for a New Jersey Divorce?

You may just want to rip the bandaid off, so to speak, and legally part ways with your spouse as quickly as possible. But first, you must confirm that a New Jersey family court has jurisdiction to take on your divorce case. On top of this, you must ensure you follow the appropriate New Jersey laws to serve your divorce papers properly. Continue reading to learn whether you qualify for a New Jersey divorce and how one of the experienced Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you go about this legally.

How do I know if I qualify for a New Jersey divorce?

The most standard rule for getting a divorce in New Jersey is that you or your spouse must have been considered a state resident for at least 12 months. Importantly, these months must been consecutive and directly prior to your initial divorce filing. Otherwise, you and your spouse must wait until one of you stays in the state long enough to fulfill this minimum residency requirement.

Also regarding your initial divorce filing, you or your spouse must have disclosed legally acceptable, valid grounds for wanting to end your union. These may be either fault grounds or no-fault grounds. On the one hand, you may claim fault grounds if you are essentially accusing your spouse of certain wrongdoing, such as adultery, desertion, extreme cruelty, incarceration or institutionalization, etc.

Then, on the other hand, the court may accept no-fault grounds if you and your spouse have lived separately in different primary residences for at least 18 months, consecutively and directly prior to your filing. Or, you may claim that you and your spouse have irreconcilable differences that have caused the breakdown of your union for at least six months.

How do I legally initiate a divorce from my spouse?

Of note, there may be differing required forms to supplement your complaint for divorce depending on whether you pursue fault grounds or no-fault grounds. Nonetheless, you must file these documents with the family division court clerk’s office in the New Jersey county where you or your spouse resided when the fault ground arose, or where you currently live when the no-fault ground arises.

In addition, there is a specific process for serving a copy of the summons, complaint, and supplemental divorce papers to your spouse legally. For one, you may enlist a sheriff or process server to hand-deliver them to your spouse at their primary residence, their place of work, or otherwise a location where they are known to frequent. Or, if your spouse is agreeable, they may accept this service through their lawyer.

Regardless, your spouse may have 35 days to respond to this service in one of three ways. They may provide an answer that contests the information provided in your initial complaint; provide a counterclaim that cites separate fault grounds from those provided in your initial complaint; or make an appearance that allows them to express their wishes regarding how divorce-related terms are settled or ordered.

If you are ready to serve your spouse with a divorce petition, please first retain the services of one of the skilled Somerset County family lawyers. Our team at the Law Offices of Kisha M. Hebbon, LLC is ready and able to take on your case.