Legal Question in Family Law in New Jersey
length of seperation
If a married couple who have been separated for 3 years, currently residing in different states, filed their income tax return together. They used the same address on the return, will this be a factor in proving seperate residence for divorce? Will it still be possible to go ahead and file divorce now?
thank you
2 Answers from Attorneys
Re: length of seperation
IRS regulations only require you to be married in order to file a joint return. This has nothing to do with the separation for divorce purposes. Living in separate residences for greater than 18 months would meet the NJ requirement for a no-fault divorce. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a New Jersey divorce/family law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: length of seperation
There is no problem. You actually lived separately and have grounds for a no fault divorce in New Jersey.
You merely provided the federal government with a mailing address; the tax return form where filing jointly has no room for two addresses.
If you have been living separately and apart for eighteen consecutive months you are entitled to a divorce in New Jersey so long as either you or your spouse has lived in New Jersey for the past year.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com