Legal Question in Family Law in New Jersey

NY or NJ

We married in NY 3/92, I was from NY but was renting an apartment in NJ with my wife a few months prior. After the marriage we continued to live in our NJ apmnt until our lease ended 12/93. We knew our marriage wasn't working, decided to go our separate ways. We divided up the items we had accumulated. I returned to NY, she moved back to her mother's house in NJ. We have not had any contact in 10 years. A week ago I found my wife's address and sent her a letter saying it was rediculous for us to remain married, we should get a divorce...she agreed. We have no children, or a home, I have no pension/IRA and have no interest in splitting anything she may have.

I told her I would file for a legal separation in NY and after 1 year we could get a divorce (neither of us wants to play the ''blame game''). She suggested we should file in NJ, since we hadn't cohabitated in more than 18 months, we were immediately eligable for a no-fault divorce. I'm fine with this except I read we would be required to appear in NJ court to finalize the divorce. I am extremely averse to appearing in court. If I'm wrong, I have no problem filing in NJ. What is our first step in starting the process? or am I better off filing in NY?


Asked on 11/20/03, 12:40 am

3 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: NY or NJ

Some Counties in NJ are experimenting with no appearance divorces by granting them on the papers without the need for appearances. It depends upon the County where you would file. Also, she could file in NJ instead of you and appear. It is a very brief hearing wherein all you do is answer some very specific questions. If you would like to further discuss this matter please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation

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Answered on 11/20/03, 10:00 am
Daniel Clement Law Offices of Daniel Clement

Re: NY or NJ

The end result, a divorce, is the same in both NY/NJ. In NJ, an appearance by one or both litigants is generally required, even in uncontested matters. In NY, if the matter is uncontested, no appearance is necessary.

It is possible to obtain an uncontested divorce without the one year wait, provided the grounds are not contested (the defendant spouse neither agrees or denies the allegation). Generally, I have clients in your circumstances allege as a grounds, "Constructive abandonment."

Let me know if I can be of further help.

Daniel Clement

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Answered on 11/20/03, 10:21 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: NY or NJ

NY is where you should file if you are the Plaintiff. If She is going to be the Plaintiff and is seeking support, which she may be eligible for, she or your would file in NJ.

NJ tends to be more favorable re spousal support and such than NY

It is true that NY is a "grounds" state and NJ is not, but you need alledge only that you don't live together as husband and wife sexually; and that the other party has said or acted in a way that indicates that she does not want to be married to you.

NY will not require appearances in the event of a default judgment even when the opposing party signs the affidavit of service and consents to the relief requested, in NY.

GOOD LUCK

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Answered on 11/20/03, 3:03 pm


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