Legal Question in Family Law in New Jersey

nj vs california law

I got married in nj and i lived in nj for the first 12 years, moved to ca 4 years ago. my husband had an affair for 2 years in ca and possible in nj prior to the move. in ca everything is 50/50. my whole family lives in nj and i want to file in nj. to avoid the ca law as well as i want to try to move back to nj which he will not agree to even though my whole support system is there. he also has history of abuse. he also put the deed of the ca home in my name and it may or may not hold as it is a 50/50 state. he was not forced to do this and even the home in nj was in my name. if i can file in nj and get custody and file due to infidelity that would be the fair way to do this. otherwise he may get 50% of the assets, custody and make me stay in ca which he does not deserve after the affairs and abuse


Asked on 12/04/05, 1:14 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: nj vs california law

Normally the state in which the parties are residing is the state which has jurisdiction. However, when abuse is involved the abused spouse may move to another state if necessary for the safety of the abuse spouse and/or any children. You should discuss the abuse aspect of your marriage with an attorney in both Cal and NJ. Unless NJ has either a very short residency time or a provision similar to Cal for a legal separation. In Cal there is no residency requirement for a legal separation. A legal separation is different that dissolution in only that the parties are still married when the judgment is final. Often in Cal the parties file a legal separation and when the residency requirements are met they amend the separation petition to a dissolution petitione.

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Answered on 12/05/05, 9:59 pm
Robert Davies The Davies Law Firm, P.A.

Re: nj vs california law

This is a bulletin board for legal questions, and I along with many other attorneys try to give decent answers when I can. Your situation requires you to hire an experienced, smart divorce attorney and file for divorce here (if that is what will be best for you, as you believe it will). Your situation is a bit more of a nightmare than most, I agree. Jurisdiction over the divorce (which state has control) MIGHT be decided by a race to the courthouse. But you must live in NJ for the required perioid of time for NJ to have jurisdiction, and I can not tell what the answer to that issue is without a lot more information.

I suggest you call a New Jersey attorney (me or someone else) who spends at least one third of his/her time on divorce, has tried (held a trial) a fair number of divorce cases, and is near your 'new' residence in NJ. There are several potential problems with your plan, however. You might NOT be able to put this into NJ court. Since you live in CA, you will need a CA divorce attorney's advice as well. Beware: choose the CA divorce attorney carefully. That attorney will make a LOT more money representing you in divorce in CA court than the attorney will giving you the guidance you need to get this into NJ court. No, I do not know ANY divorce attorney completely familiar with the laws of both CA and NJ.

Let me know if I can help.

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Answered on 12/05/05, 10:44 am


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