Irvington, NJ asked in Divorce for New Jersey

Q: Can G4 visa holders file for divorce in NJ.

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2 Lawyer Answers
Andrew M Shaw
Andrew M Shaw
Answered
  • Somerville, NJ
  • Licensed in New Jersey

A: Yes, absolutely. The fact that you reside in the United States under a G4 visa has no impact on the jurisdiction of the State of New Jersey to grant a judgment of divorce. Generally, the sole requirement for jurisdiction over a divorce in New Jersey is residency for a period of one year. Specifically, N.J.S.A. 2A:34-10 provides that "[j]urisdiction in actions for divorce ... may be acquired when ... at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce ... shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State[.]" Additionally, as identified in that statute, please note that judgments of divorce based on adultery do not require one year of residency. Most divorces, however, proceed based on irreconcilable differences and therefore require that either you or she has been a resident of New Jersey for at least one year.

If you choose to file for divorce, I strongly recommend retaining a qualified attorney. Strategic and aggressive counsel will help to maximize your odds of success on critical issues including custody, child support, alimony, and division of property. Please contact one of the lawyers here on Justia. Many of us would be happy to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes.

Whether you reach out to me or to another attorney, I wish you the best of luck.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. To file for divorce in New Jersey you or your spouse must have resided in the state of New Jersey for at least one year prior to filing. We would file in the county in which you reside. You can file a no-fault divorce based on irreconcilable differences if you and your spouse have experienced an inability to continue in the marriage for at least six months. Other than that, there are no additional requirements to file in New Jersey and there are no questions to answer regarding your immigration status. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.

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