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#217131 - 04/24/09 09:16 AM 2 homes, separate states, legal separation
Bethy00 Offline
Member

Registered: 01/13/09
Posts: 37
Hubby and I are separated....we both have our original homes we started with but were living in mine (his was vacant).

I live in PA and his home is NJ. I would prefer our separation to be a "legal" separation. Can he/we file in NJ? All my stuff is in PA so would that mean he would have to file? (that's ok unless you think that would hurt me legally)

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#217135 - 04/24/09 10:03 AM Re: 2 homes, separate states, legal separation [Re: Bethy00]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
If he's already back in NJ then he can file from there. He may have to wait a bit to re-establish the residential requirements first. I don't think it will hurt you legally. A little more inconvenient (court appearances and such) if and when you later decide to use attorneys... unless you find one in PA who is also licensed to practice in NJ.
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When you know better, you do better -- Maya Angelou

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#217136 - 04/24/09 10:06 AM Re: 2 homes, separate states, legal separation [Re: HevnMaidMe]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
GROUNDS FOR DIVORCE

In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing of the action. The only exception to the one-year residency requirement is when the grounds for divorce are for adultery. In cases of adultery the requirement is that at least one spouse must be a New Jersey resident. In New Jersey there are eight grounds or causes to file for divorce. The three most popular grounds are extreme cruelty, no-fault separation, and adultery. Remember, the grounds of extreme cruelty are just a "term of art" and it does not mean that your spouse was extremely cruel.

No-Fault Divorce Cause of Action
Separation is New Jersey's only no-fault ground for divorce. To qualify under this grounds, both the husband and wife must have lived separately, in different houses (not only different rooms) for a period of at least eighteen consecutive months. Moreover, in order to qualify for the no fault divorce, there must not be a reasonable expectation of reconciliation. N.J.S.A. 2A:34- 2A(d).
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