can I file a divorce if my wife has been in the state of new jersey for less than a year

The first step in any litigation is making sure the court has jurisdiction over the parties.  The New Jersey Courts will not have jurisdiction over your spouse until she has been in the State of New Jersey for at least one year.  you could file a case for adultery, and make that period less than one year. Until then, you could try DYFS or another state agency, but you cannot file for divorce without being able to prove adultery.  the other side of it is that you cannot be prevented from getting some custody issues resolved prior to the divorce and since they are your children, if you were here in New Jersey, from visiting the children.  Good luck

I do not believe that those NJ lawyers are correct. According to the NJ Divorce Jurisdiction statute, the 1 year residency requirement applies to all grounds for divorce EXCEPT FOR ADULTERY.  So, I think that you can now file for divorce in NJ based on adultery.   Even if you chose not to do that, you certainly can apply to a NJ court for parenting time with your children.  I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.