Divorce between spouses living in different states adds significantly to the complexities of the process.
HACKENSACK, NJ, October 05, 2023 /24-7PressRelease/ — Divorce is complicated, and it becomes even more so when it happens across state lines. Where to file becomes a concern. Attorney Carrie S. Schultz of Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC, provides guidance to clients about divorcing a spouse in another state.
“Whether it is more advantageous to file in New Jersey or elsewhere depends on the individual circumstances and the specific divorce-related laws of each of the states,” said Schultz. “There are several factors to consider that should not be taken lightly, because the court with jurisdiction will have authority to make far-reaching decisions about child custody, child support, property division, spousal support and other matters.”
To file for divorce, spouses must meet residency requirements in their state. In most cases in New Jersey, one spouse must have lived in the state for at least 12 months prior to filing. Other states have their own residency requirements, including a few that allow people to establish residency immediately as long as they plan to stay in the state. Before filing, the residency requirements of the particular state must be explored and met.
If both spouses have established residency in their respective states, jurisdiction is determined by who files first. That person must then serve the spouse who is living in another state with the divorce petition or Complaint. Service may be through a sheriff, process server or other qualified party. Once the spouse in another state is served and responds to the petition, the divorce will proceed in the state where it was filed.
“There is no one-size-fits-all answer for how to divorce a spouse in another state,” Schultz said. “Each case is unique and requires a careful consideration of all the personal and legal issues involved, not to mention convenience and costs. There are often times that there is a jurisdictional battle between states and our firm has teamed up with an attorney in the other state to get the matter appropriately kicked over to New Jersey, or, we have successfully defended against a request to have the matter proceed in another state should the circumstances make sense to do that.”
About Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC
Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC is an award-winning family law firm that solely devotes itself to represents clients in divorce and the related issues of child custody, child support, property division and alimony. The firm has a special focus area in high-net-worth divorce matters. Founder Carrie S. Schultz is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney. The attorney team has decades of experience between them in divorce cases, including those involving divorcing between states and jurisdictional challenges.
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