Q: can you get divorced in NJ if living in FL
my step daughter married non citizen that cheated on her was not in love with him like she was with him, they have restraining orders on each other because he is a horrible person, hit her, has had 2 kids with other women, used her, my step daughter has not had help from her mom to do anything until now, her mom got married and moved to Florida, my step daughter moved away from the craziness here in NJ and has a chance to be away from this guy. They don't want anything from each other, money property , no kids. Can I help her do the paper work , file in court and she can get divorced so she can get divorced God willing and get this nightmare over .
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A: You must be a legal resident living in New Jersey to file for divorce. You are not a trained attorney and as such, you cannot provide legal services to her. New Jersey is a No-Fault Divorce State, so the ground for divorce does not affect the economic issues. Despite what you think this divorce may not be uncontested. There can be all sorts of problems that you and she are not prepared for. This needs to be handled by an experienced matrimonial attorney because even if remains truly uncontested there is much more to it than filing legal pleadings.
A:
Florida, like New Jersey, requires someone to be a resident of its state for at least 1 year for jurisdictional purposes - meaning the ability to file a complaint for divorce in that state.
So, if your stepdaughter has been living in Florida for more than 1 year, she can file a complaint for divorce in Florida.
If she has not been living in Florida for longer than 1 year, some states have an exception to their residency requirement for divorce filing and the most common exception is Adultery - meaning if the complaint for divorce is based on the other spouse having cheated on her during their marriage, she can file for divorce in that state even if she does not meet the state's residency requirement.
New Jersey has an adultery exception for its 1-year residency requirement - so I would check to see if Florida has an exception to its 1-year residency requirement for jurisdictional purposes and then your stepdaughter can determine if she meets the exception (if she has not been living in Florida for the 1-year term).
If she has been living in Florida temporarily (less than 1 year) and plans to remain a resident of New Jersey, she may be able to file for divorce in New Jersey as well, especially if the husband still lives in New Jersey.
A: Thank you for your question. Typically, you need to be a resident of the State of New Jersey for at least one year in order to be able to file a Complaint for Divorce in New Jersey. If your stepdaughter is living in Florida, she would not be able to satisfy this residency requirement. She may, however, be able to file a Complaint for Divorce based upon the residence of her husband if he is now and has been for at least one year a resident of New Jersey. I hope this helps.
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