QUESTION

My wife filed for divorce in NJ 5 months after we moved to VA, Now she is trying to dismiss on the grounds that the divorce request was never valid.

Asked on Feb 22nd, 2014 on Divorce - New Jersey
More details to this question:
We moved to VA in Aug12 to accommodate my wife's first job (Maryland) after residency in NJ (my home state), Jan13 wife filed for NJ divorce, as we did not yet meet the VA residency requirement. Also in Jan13 she resigned from her job, relinquished her bonus moneys and has not been full employed to date. The apartment we moved into is a small 1000sf which housed us and our two toddler girls. The original lease was for 3 months which converted to monthly and remains 'temporary' housing to this date (we still live together). Her grounds are NJ should have never taken the case as they have no jurisdiction. The plaintiff argument is because we were not domiciled in NJ at the time of filing, NJ cannot take jurisdiction, and therefore must dismiss case. I feel that our VA move never met neither NJ or VA requirements for Domicile because although we were there physically, permanency was based on her job which she resigned, and our actions show no signs of permanency. seeking case examples
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1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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Unfortunately, your wife is right. When she filed for divorce in New Jersey, neither one of you was a bona fide resident of New Jersey. Therefore, New Jersey did not have jurisdiction of the divorce case. If you moved to Virginia in August 2012 and still live there, you should contact a divorce lawyer in Virginia, because you ought to be able to seek a divorce there and get all of your issues resolved.
Answered on Feb 22nd, 2014 at 3:06 PM

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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