A, who was born in New Jersey and has lived in the same area, married B, who moved to California six months ago, in New Jersey. The couple, who had a happy married life for about 10 months, moved to New York together due to job problems. However, about a year after the move, they decided to divorce due to personality issues.
Where can this couple apply for a divorce? Each state in the United States has residency requirements for divorce proceedings. The purpose of these requirements is to prevent forum shopping, where parties seek to obtain a more favorable outcome by filing for divorce in a different jurisdiction. For example, in one state, property division may be 50:50, while in another state, property division may depend on each spouse’s contribution to its acquisition. These residency requirements are established to prevent such behavior and ensure that the laws of the state where the couple resides are applied.
These residency requirements vary by state. In New Jersey, one of the spouses must have resided in the state for at least one year before filing for divorce. On the other hand, New York requires a two-year residency requirement before filing for divorce. At the time the couple decided to divorce, A and B had lived in New York for only one year and did not meet the residency requirement for divorce in that state. Can they not divorce then?
However, there are exceptions to these residency requirements. In New Jersey, if one spouse has committed adultery during the marriage, the other spouse can file for divorce regardless of residency. On the other hand, in New York, if the couple got married in New York, lived as a married couple in New York, or if the grounds for divorce occurred in New York, there is a one-year residency requirement. In the example above, A and B lived as a married couple in New York for one year, so they can file for divorce in New York under this exception.
Even if a couple wants to divorce, they may face other difficulties due to various regulations and requirements. If the divorce process is delayed due to these factors, the people who want to divorce may suffer. Therefore, it is essential to seek the help of a skilled and experienced lawyer to proceed with the divorce process. If you have any questions about the divorce process, please contact mail@songlawfirm.com.