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Question about residency requirements for divorce and custody in NJ.

Bridgewater, NJ |

We were married and lived in NJ for several years, moved out of state for several years, and are moving back to NJ. I am considering a divorce and prefer to divorce in NJ for custody reasons. Would the 1 year residency requirement apply to me since we lived there previously? If so, and we separate after returning to NJ but before 1 year of residency, could I still file for custody in NJ and hold off on filing for divorce? There is no adultery. Thank you.

Attorney Answers 3


In order to file for divorce in NJ, you are required to live in the state for at least one year prior to filing your complaint for divorce. You can certainly enter into a settlement agreement and operate under that agreement prior to filing for divorce. You may also file a non-dissolution application for custody and support prior to filing for divorce. Please consider consulting with an experienced Family Law attorney regarding the specific facts and circumstances involved in your matter so that you can determine the best way to proceed in your matter. The articles located at the link below may also offer additional information. Best of luck to you!

The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Agreeing with the above, I would only add that you *may* have reasons to state that you have continued to be a resident of New Jersey even though you have resided outside of the State for a number of years. This is, however, a very fact-sensitive question about which you may wish to consult with an experienced family law attorney before you make a decision.

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I agree with my colleagues.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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