Procedural Requirements for a NJ Divorce on the Basis of Irreconcilable Differences

In New Jersey, there are certain procedural requirements that must be met before a Complaint for Divorce can be filed.

First, the jurisdictional requirement must be met. In New Jersey, under the New Jersey Statutes, jurisdiction is established 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; or when, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State.

Once the state is determined, the appropriate county must be established. This is called venue. The New Jersey Court Rules provide that the appropriate venue is the county in which you were domiciled when the cause of action arose; or if you were not domiciled in this State when the cause of action arose, then in the county in which your spouse was domiciled when the cause of action arose; or if neither you or your spouse were domiciled in this State when the cause of action arose, then in the county in which you were domiciled when the action is commenced; or if you were not domiciled in this State, then in the county where your spouse is domiciled when service of process is made.

Once the appropriate state and county to file for divorce in is established, the basis for the divorce must be established. New Jersey permits parties to file on the basis of irreconcilable differences. This permits parties to simply establish that the parties have experienced irreconcilable differences for six months, there is no prospect of reconciliation, and as a result, the marriage should be dissolved.

It is important that procedurally all requirements are met, and that the county, state, and basis for the divorce are all correctly set forth.

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