If you are getting divorced in New Jersey, there are a few different grounds you can choose. Some divorces are based on a separation that has lasted for at least 18 months, for example, while others are based on extreme cruelty, adultery, incarceration or institutionalization.
But in most cases, couples are filing for a no-fault divorce. This means they are simply citing irreconcilable differences. They feel certain they are not going to be able to reconcile in the future, so they want to dissolve their marriage. These irreconcilable differences must have been going on for a minimum of six months.
One of you must have lived in New Jersey for a year
If you choose to file a no-fault divorce, then there are residency requirements that apply in New Jersey. Either you or your spouse must have lived within the state for 12 consecutive months before you are eligible to file. If you lived elsewhere, breaking up the 12 months, it does not qualify. If you recently moved to New Jersey and you have not yet lived there for a full year, you also do not qualify. You would have to wait until you satisfy the 12-month requirement before you are allowed to file.
Many couples have lived their entire lives in New Jersey. It is where they grew up, where they met and where they have lived together. So they will automatically satisfy the residency requirements. But couples who have moved to the state need to ensure that they have lived here long enough to file for a divorce and have it accepted by the court.
There are many details to consider when filing for a divorce, so be sure you are well aware of all of the legal options at your disposal.