Provisions in New Jersey Divorce Laws and how they Affect You

by | Jan 24, 2014 | Law

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In marriage, it reaches a point where you can no longer put up with your spouse. There are a number of reasons as to why this is so. Key among these includes drunkenness, drug abuse, violence and unfaithfulness. Divorce laws provide you with two options, limited and absolute divorce. In the latter case, couples decide to go separate ways either due to statutory reasons or misconduct on one of the spouses. As for limited divorce, you will only be separated but are still considered as a married couple in the eyes of the law. Another legal provision is what referred to as no fault divorce. In this type of divorce, a couple just decides they are not meant for each other without any solid grounds.

Below are a few provisions under the New Jersey divorce laws that would interest you:

  • Self representation: New Jersey laws allow you the right of personal representation. It is not always a good idea as by doing so, you could stripe yourself of some fundamental rights. Before filing for own divorce, you should make a point of finding out whether your spouse has personal property, insurance, retirement account or pension. Failure to do so will see you losing any claim to these issues.
  • Jurisdiction: Divorce laws grant Superior courts the mandate to hear such cases. This means that the relevant Superior court is the one located where you reside. The same condition applies to your spouse. This is important as you need to state the grounds to give the county court jurisdiction. Otherwise, you leave a loophole that could be exploited by your spouse and dismiss the case.
  • Time limits: For a spouse that lives within New Jersey, he/she has 30 days to give a response to your divorce request. Divorce laws also give 60 days for spouses living outside New Jersey. However, the spouse must be anywhere within the United States borders. For spouses living in a foreign country, the time limit is 90 days. In the event that your spouse does not give a response, the divorce case proceeds.
  • Residency requirements: Every state in the US has its own residency requirements when it comes to filing for divorce. These laws require you to be resident in the area in order to satisfy residency grounds. The law strictly requires that you be resident in New Jersey before and up to the time of filing. Thereafter, you are at liberty to go and live anywhere else.

Under the New Jersey divorce laws, you must provide adequate proof of residency. Otherwise you can lose out on technicalities. To find out more about these requirements, go to website.


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