Legal Question in Family Law in New Jersey
confusion on divorce issues
married Aug.2004. lived in NJ.
relocated to CA Jan2007. separated
fr. husband Feb.2007.
1. can i still file for divorce in NJ? a
CA lawyer said i cant' file in CA yet,
but advised I file in NJ ASAP (if NJ
law permits) to keep my husband fr.
claiming rights to a CA property my
sister and I purchased and are
closing escrow in 1-2mos.
2. how can i prove adultery as a
cause of action for divorce?
3. is there any way my husband can
be legally bound to give me financial
support (scheduled payments with
specific amt.) to pay for credit card
bills, auto ins., storage costs (all
under my acct.--he has bad credit
and no credit card) until the divorce
is finalized?
3 Answers from Attorneys
Re: confusion on divorce issues
To file a petition for dissolution of marriage in Cal. you must be a resident of the state for 6 months and 90 days in the county in which the petition is filed. However, there is no residency requirement to file a petition for a legal separation. Often individuals in your position file the petition for a legal separation and the then wait for the 6 months to pass. Then they amend the petition for a legal separation to a petition for dissolution.
Re: confusion on divorce issues
You really need an experienced NJ divorce attorney, NOW.
I have represented out-of-state clients before, and it is never as easy as if you lived only 10 minutes drive from the courthouse, but it can be done.
I understand your need for speed in this situation. I suggest you find and hire a NJ divorce lawyer immediately.
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: confusion on divorce issues
1, It may be possible but it will be difficult
2, Don't worry about it. Cause of action is rarely litigated
3, Probably, but I can't say for sure until I have more info