NJ contested divorce laws and procedures

Generally, to file a divorce in NJ you must be a resident for one year or more. Also, you cannot have one case pending in NY and one in NJ.

If all you are seeking is a divorce and either one of you lives in NJ, you can file for divorce here. NJ has jurisdiction over the "res of the marriage" and can divorce you, but if he's never lived in NJ, you can't be awarded support or equitable distribution.

If he is abusive toward you, you should look into obtaining a restraining order. If you call your local police department (911 if there is an active threat or emergency, regular number otherwise), they can put you in touch with a domestic violence advocate - every police department in New Jersey is required to have this information.

If you have been in New Jersey for more than a year, you can get a divorce here. You may want to contact an immigration attorney regarding his green card status. If he married you for a green card and you did not know, you may be able to get an annulment.

You should call the NYC court and find out if the case is still open there. If it is closed, you can file in NJ, assuming that you have been living in NJ for at least 1 year prior to the filing. Even if he refuses to divorce you, you can still get divorced. You should definitely contact immigration with regards to the green card situation. Also, you should consider getting a restraining order if he is abusive towards you. Please take care of yourself and stay well.

Meriam Girgis
NJ Paralegal Services
www.njparalegalservices.com