QUESTION

Do I have to file for divorce in NJ if I just moved to DE September 23, 2014?

Asked on Dec 02nd, 2014 on Divorce - New Jersey
More details to this question:
I have been married for 15 years. My 11 year old son and I moved to DE with my mother. My drivers license is still in NJ with my husbands address. My name is not on anything at my mothers home. Should I file for divorce in NJ? And should I try to change my drivers license before filing for divorce?
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2 ANSWERS

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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  I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to selected New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The correct answer to your question is: In order for you to file for divorce in NJ, either your husband or you needs to have been a bonafide resident of NJ for the 12 months immediately preceding the filing of the Complaint for Divorce.  (There is an exception--but it pertains to adultery, which hopefully you do not have).      I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which your husband lives.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If your husband lives in one of those counties, and you wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  If not, please let me know what county your husband lives in, and I may be able to provide you with some suggestions for lawyers whom you may want to contact.     
Answered on Dec 03rd, 2014 at 11:59 AM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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Elder Law Attorney serving Toms River, NJ
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You have to look at the residency requirements for Delaware.  In New jersey - to fle for divorce in NJ you have to live here for a year.  If it is similar in Delaware, you can wait until you've been there a year and then file in Delaware.
Answered on Dec 02nd, 2014 at 12:21 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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