Choosing the correct county in which to file your divorce might seem like a minor detail, but it may be more important than you realize. Filing for divorce may be a time-consuming process, and it is important to avoid needless delays as you approach this process. But what happens if you file for divorce in a different county? Why might you want to do this, and how might this decision affect your divorce?
Why Would You Want to File for Divorce in a Different County?
At first glance, it may seem needlessly complicated to file for divorce in a different county. However, there may be valid reasons for doing so. For example, the county in which you currently live may be dealing with some kind of issue or delay with their court system. These delays have become quite common throughout many counties in New Jersey, and this is leading many spouses to wonder whether they can file in different jurisdictions.
On July 31, it was reported that civil trials and divorce court cases had been “paused” in Passaic County. This pause is due to the lack of civil and matrimonial judges in the county to handle the current workload. This marks the third such pause in recent memory, and a range of other counties have also seen pauses throughout New Jersey. These include Hunterdon, Somerset, Warren, Cumberland, Gloucester, and Salem counties.
Filing Requirements in New Jersey
Unfortunately, you cannot simply choose a county at random and decide to file in that jurisdiction. However, you may experience some degree of flexibility as you consider your options. Firstly, it is possible to file for divorce in either your current county of residence or your spouse’s county of residence. This means that if you and your ex-spouse live in different countries, you may theoretically have the ability to choose the most appropriate option (such as the court that is not paused).
Another potential option is to file for divorce in the jurisdiction in which the reasons for divorce occurred. New Jersey allows for divorce based on irreconcilable differences (no-fault) or fault-based grounds. Acceptable grounds for divorce in New Jersey include:
- Adultery
- Abandonment
- Extreme cruelty
- Substance abuse
- Institutionalization due to mental illness
- Imprisonment
- Deviant sexual conduct
Technically speaking, it is possible to file for divorce in the county in which these grounds for divorce occurred. For example, spouses may commit adultery in a different county than their county of residence. They may become imprisoned or institutionalized in a different county. They may also commit substance abuse in a different county. Even if you are filing for a no-fault divorce due to irreconcilable differences, it may be possible to file in a different county than your county of residence. You may have the ability to show that the irreconcilable differences “became apparent” in a different county than your county of residence.
Where Can I Find a Qualified Divorce Attorney in New Jersey?
If you have been searching for an experienced divorce attorney in New Jersey, look no further than Giro, LLP, Attorney at Law. We know that approaching a divorce for the first time may feel like a daunting process, and there are many small details that can pose problems. Choosing the correct county in which to file your divorce is only one example of this. Book your consultation today to get started with an effective action plan.