QUESTION
Filing for a divorce in NJ if the family resides in Europe permanently
Asked on Dec 14th, 2020 on Divorce - New Jersey
More details to this question:
My wife and I are US citizens, I am both an EU and USA citizen, we married in Europe 9 years ago; our children were born - one in Europe, one in the US. We reside permanently in Europe; our kids are in school here and we spend less than a month in the US visiting family. Can my wife file for a divorce in NJ where she is originally from and where we have a house?
1 ANSWER
Divorce Attorney serving Short Hills, NJ
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The critical issue is residency status. Many people maintain dual citizenship and have homes elsewhere in the world, but those elements alone do not confer jurisdiction on a court system. In New Jersey ( with minor exceptions), to file a complaint for divorce, you must be a resident of the state, physically live in New Jersey, and engage in actions to show that you intend New Jersey to be your primary place of residence. Simply having a home in New Jersey and maintaining US citizenship is insufficient for jurisdiction purposes.
Answered on Dec 15th, 2020 at 7:26 AM