Legal Question in Family Law in New Jersey

Residency when filing divorce

My husband abandoned us (2 children)four years ago. He has been residing in New Jersey but uses his mothers PA address for a license and car insurance (I'm told illegally). Can he file for divorce in PA . I was told you have to file where you reside but he obviously doesn't do things by the law.


Asked on 10/04/04, 8:46 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Residency when filing divorce

The zip code from your message is in Pennsylvania. If you live there he can file there.I offer free consultations.

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Answered on 10/05/04, 12:49 am
Alan Albin Alan S. Albin, Attorney at Law

Re: Residency when filing divorce

You don't say where either you or your children live. I will assume NJ.

The divorce should be filed in the jurisdiction where the defendant (in this case, yourself, if your husband files) and/or the children reside.

If your husband files in the incorrect forum, in particular based on providing a false address, your attorney can move to have the case dismissed or transferred to the appropriate venue. Most likely, this would be the county where you and your children reside.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/05/04, 9:56 am


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