Does my spouse need to live in New Jersey?

No. Only one of you needs the 12 months. Your spouse can live in another state or country.

I'm stationed in New Jersey with the military. Does that count?

Not automatically. Residency means New Jersey is your real home. Ask a lawyer if you're unsure.

How do I show residency?

You state it under oath in the Complaint. Keep a lease, bills or a license that show your NJ address.

I moved to NJ 10 months ago. Can I start now?

You can prepare your papers now, but you file once you pass 12 full months.

Tri State Community Services LLCNewark, NJ · Se habla español

Main Office

1299 McCarter Highway (Route 21)
Newark, NJ 07104

(973) 643-0889

UNCONTESTED

$399 DIVORCE + Court Fee

Spouse's Signature Not Needed

Secondary Office

65 Walnut Street (Behind Prudential Center)
Newark, NJ 07102

(973) 732-7727

New Jersey divorce residency requirement

Short answer

One of you must have lived in New Jersey for the full 12 months before filing. Your spouse can live anywhere. For irreconcilable differences, the marriage must also have been broken for 6 months.

Can you file in NJ yet?

When did you (or your spouse) start living in New Jersey?

Your result

Pick the month and year. We count to today.

Only one of youYour spouse can live in another state or countryThey just have to be served.

Adultery is differentNo 12-month minimumEither of you lived in NJ when it happened, and still does.

Also needed6 months of irreconcilable differencesA separate rule from residency.

Which county do you file in?

1The county you lived in when the marriage broke down.
2If you didn't live in NJ then: the county your spouse lived in at that time.
3If neither of you lived in NJ then: the county you live in when you file.
4Otherwise: the county where your spouse lives when served.

Find your county's family court

Common questions

Meet the 12 months? We can start today.

Walk in at either Newark office. Mon–Fri 10am–5pm, Sat 10am–1pm.

Call (973) 643-0889 Get directions

Sources: N.J.S.A. 2A:34-2; N.J.S.A. 2A:34-8; N.J.S.A. 2A:34-10; R. 5:4-2; R. 5:7-1. General information, not legal advice.