How does divorce work if you live in different states?

How does divorce work if you live in different states?

If you and your spouse live in different states but want to divorce, it is possible to do so. Still, you need to meet the residency requirements of the state where you file for divorce. If your spouse filed for divorce first in a different state, that filing and that state’s laws usually control the proceeding.

Can you still live together and get a divorce?

If you are both living at the same address at the date of your divorce hearing or intend to keep living in the same home, the court might not grant your divorce application. The court cannot grant a Divorce Order if there is a reasonable likelihood that your relationship will resume.

What happens if you can’t serve someone divorce papers?

If you have applied for substituted service or dispensation of service, you should attend the court hearing. This applies even if you have chosen not to attend the hearing on your Application for Divorce. The Court may adjourn your case and direct you to take extra steps to find the respondent.

Who can serve divorce papers in NJ?

You can accomplish service by having a sheriff or process server hand-deliver a copy of the petition to your spouse at home or work. The sheriff will charge a fee for this service. Include form 7A, cover letter to the sheriff. Make at least three copies of the divorce paperwork.

How long does an uncontested divorce take in NJ?

3 to 4 months

Does it matter who files for divorce first in NJ?

To begin your divorce process, either you or your spouse must file a divorce complaint with the court. The one who files is named the Plaintiff, and the other spouse will be the Defendant. No, it does not matter who filed for divorce first, in New Jersey, and it does not matter who is Plaintiff and who is Defendant.

What is a wife entitled to in a divorce in NJ?

In New Jersey limited duration alimony, permanent and/or rehabilitative alimony, reimbursement alimony, or a combination thereof will be ordered. For example, a spouse unable to get skills and training necessary to get a job and support themselves may be entitled to permanent alimony.

What is the average alimony payment in NJ?

There is no average alimony payment in New Jersey. Instead, New Jersey’s alimony statute contains a series of factors that the court must consider when determining an appropriate amount of alimony in a particular case.

Can my wife kick me out of the house in NJ?

Although it may seem unfair, even if the marital home is your separate property, you cannot simply order your spouse to move out. Under normal circumstances, both spouses have a right to continue occupying the home that has been their principal residence during the marriage while the divorce is pending.

What is considered abandonment in a marriage in NJ?

Abandonment is one of the fault-based grounds available in New Jersey, but it requires that the spouse alleging abandonment prove the following: 1) you have been living apart from your spouse for at least a year; 2) your spouse did not agree to the separation; 3) your spouse did not cause the separation; and 4) you did …

Is alimony mandatory in NJ?

Length of the marriage is one factor that the courts consider when deciding whether or not to award alimony, and for how long. However, there is no firm or set length of marriage in the law that automatically triggers an alimony obligation.

Who gets the house in a NJ divorce?

The spouses can either split the proceeds or have comparable assets assigned to one spouse to offset the income from the sale of the home.

Can my wife get my retirement if we divorce?

Generally, the total amount you and your family can receive is about 150 to 180 percent of your full retirement benefit. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.

How does a judge decide who gets the house in a divorce?

In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.