Divorce can be complicated and leave you feeling frustrated. These frustrations can increase when it becomes out of state divorce issues. Whether this includes your spouse or your children. An experienced attorney can help you with these out of state divorce issues.
Out of State Divorce Issues | Getting Divorced If Your Spouse No Longer Lives in the State
In New Jersey, you can file a divorce complaint and serve a spouse who resides outside of the state. There is no bar to that. In fact, as long as you’ve been a resident in New Jersey for at least a year, in most instances, with the exception being adultery, you can serve the other party, and the divorce jurisdiction, where the divorce will be heard, would be in New Jersey.
Length of Residency in New Jersey for Divorce
In New Jersey, except for the cause of action of adultery, you must be a resident in the state for at least one year. If the cause of action is adultery, there is no time restriction as to when you can file.
Moving Your Child to Another State Before Divorce
In New Jersey, you cannot remove a child from the state without the other parent either agreeing or having a court order. If you, in fact, do remove a child out of the state without either the other parent’s permission or without a court order, an order to show cause could be filed by the other parent, and you could be forced to return the child or be subjected to federal kidnapping laws. You could also lose custody of the child.
If you want dependable and caring representation, please contact New Jersey Divorce Attorney Brain Freeman to help you figure out your out of state divorce issues.