I was living in NY a few days ago. I don't want to go back to NY because my spouse is very physically abusive and also has been cheating on me. Can I file for adultery divorce against my spouse in New Jersey if he cheated in NY? I have proof that he cheated because he has two children with the other woman.
1) I want to file for the divorce immediately in NJ. Does the cheating had to have happened in NJ? or does that not matter?
2) Can I also file for child support/custody/spousal support here in NJ?
I can't go back to NY because I have nowhere to live there. My son and I are here in NJ now.
Divorce / Separation Lawyer
It doesnt matter where the adultery took place as long as you meet the residencey requirements of the State of New Jersey then you can file in NJ. I would suggest you consult with an attorney before you file suit.
IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.
It does not matter where the adultery took place.
However, in order to file for divorce in NJ based on the grounds of adultery, either you or your husband needs to be a NJ resident at the time that the Divorce Complaint is filed. (If you filed for divorce on any other grounds, you would need to have been a NJ resident FOR A YEAR PRIOR TO FILING).
You say that your son and you "are here in NJ now." Have you established a new residence in NJ and are you prepared to stay here?
The same rules apply to an action for child support/custody/spousal support.
I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Divorce and Family Law matters (as we do), go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.
For more information about New Jersey divorce and other Family Law matters, please take a look at the website www.nj-divorce.net.
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1. No, it doesn't matter whether the cheating took place.
2. Yes, as long as you are a NJ resident. How long have you been residing in NJ?
609-271-3573. This answer is for informational purposes only. It should not be construed as legal advice.
In order to file for divorce under any grounds (fault-based or not), the court rules first require that you reside in New Jersey for a period of at least a year prior to filing the complaint. It does not matter where the cheating took place in order to plead adultery as a claim for relief. It is important that you also file under no-fault grounds, irreconcilable differences, as well, because if you are unable to prove adultery and you did not file under any other grounds, technically your complaint could be dismissed. Divorces can be highly complicated, especially in cases involving adultery where emotions run high. It is important that you consult with an experienced matrimonial attorney to find out what your rights are and what you need to do in order to protect your interests in your divorce.
You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.
Additionally, below are links to articles and information that may assist you with your case.
Brad M. Micklin, Esq.
The Micklin Law Group
187 Washington Ave., Suite 2F
Nutley, NJ 07110
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.