New Jersey Residency Requirements FAQs

My spouse lives outside New Jersey and I just moved to New Jersey. Can I file for divorce in New Jersey right away?
Only if your divorce complaint alleges adultery committed by your spouse as the basis for the divorce.

What about other grounds for divorce?
You and/or your spouse must reside in New Jersey for at least one year before filing for divorce on any grounds other then adultery.

Can I file for alimony or maintenance for myself if I just moved to New Jersey?
Yes, provided your spouse lives in New Jersey or has tangible or intangible real or personal propoerty located in New Jersey.

Can I file for child support?
Yes. New Jersey participates in an interstate child support system that enables a parent to file for child support in one state to be paid by a parent who resides in another state. The complaint is transferred to the state where the payor resides and a hearing is held. It is not necessary for the filing parent to attend the hearing held in the other state. This is often a less expensive way to obtain child support from an out of state parent, than the alternative of retaining legal counsel to file for child support in the state where the other parent resides and travelling to attend court when required. The results may not be as favorable on an interstate action as a direct action brought by your own attorney who is better informed about the circumstances and details of your situation and that of the other parent.