News & Knowdledge > FAQs Family Law
North Bergen Office:
Can I get a divorce in New Jersey?
If you or your spouse have been living in New Jersey for at least one year, you may file for divorce in New Jersey.
Can I file for divorce even if my spouse says he/she will never give me a divorce?
Yes, no one must remain married against his or her will. As long as you establish a legally acceptable ground for divorce, you can get a divorce. However, your spouse must be properly served with the divorce. He or she will then have 35 days to file an Answer and/or Counterclaim. Divorces may be particularly challenging when the parties cannot even agree that they need a divorce. Contact us to learn how we may assist you in a contested divorce.
What are the grounds for divorce in New Jersey?
There are several grounds for divorce in New Jersey. "Irreconcilable differences" has become the most popular of grounds for divorce in New Jersey. A complaint for divorce based on "irreconcilable differences" asserts that the parties have been having marital problems for at least six months, that these problems cannot be resolved and that their exists no reasonable prospect of reconciliation. In effect, no party is blamed for the break-down of the marriage. Another "no fault" ground is 18 months separation. This means that a spouse can file for divorce once the married couple has been living in separate residences for a period of at least 18 months. Other grounds for divorce in New Jersey are "fault" based. Fault based grounds for divorce include extreme cruelty, adultery and desertion, among others. Contact us for a consultation and we can evaluate whether the facts of your case constitute a grounds for divorce in New Jersey.
Can I get a divorce in New Jersey if my spouse is in another country?
Yes, as long as you have been living in New Jersey for at least a year and continue to be a bona fide resident of New Jersey, you may file for divorce in New Jersey. However, your spouse must be properly served in his or her country of residence. Our office is experienced in filing divorces in New Jersey cases where one spouse lives abroad and can help you successfully navigate through this process and obtain a divorce without having to leave the United States.
Can I get a divorce if I do not know where my spouse lives?
You can get a divorce in New Jersey even if you do not know where in the world your spouse is. However, before granting a divorce several prerequisites must be met to convince the court that you made an effort to search for your spouse. Once the judge is satisfied that you have made a good faith effort to locate your spouse, the court will generally permit that you place an ad announcing the divorce and then proceed with your complaint. Our office can assist in filing for divorce even when you do not have an address at which to serve your husband or wife with the divorce.