In New Jersey, divorce petitioners must follow strict guidelines for starting this legal motion. Petitioners must establish jurisdiction for the case by living in the state for at least one year unless the divorce grounds are infidelity. It doesn’t matter how long they have lived in a specific county; the state can still take jurisdiction over the divorce case. A south jersey divorce lawyer identifies all requirements for these cases and helps petitioners.
Using Desertion as the Divorce Grounds
Under state laws, petitioners who choose continued or willful desertion as the divorce grounds must wait one year before filing. Their spouse must be absent for no less than one year to establish this divorce ground. In these cases, service by the public is used to complete the divorce. The attorney places an ad in the local newspaper when they cannot service the summons to their spouse directly. The ad must run for at least six weeks.
Using Imprisonment as the Grounds
The plaintiff must file the divorce petition after their spouse is sentenced to no less than eighteen months in a prison or county jail. The petition must be filed before the defendant is to be released from the facility. Additionally, the petitioner cannot live with their spouse after the sentence is rendered.
Institutionalization of the Spouse
The petitioner can file for a divorce if their spouse was institutionalized for at least twenty-four months. The duration can start any time after the couple married. However, their spouse must still be institutionalized on the date in which the final decree could be rendered.
Domestic Violence or Extreme Cruelty
With this allegation, the petitioner must have copies or reports for any attacks against them. They must report their spouse and any injuries caused by their spouse to local law enforcement. With the reports, the petitioner could also acquire a protection order.
In New Jersey, divorce petitioners must review their options for ending their marriage. Local laws and requirements may determine how they must proceed according to the choices they make. These choices could include the divorce grounds and evidence required to support these allegations. Petitioners who need assistance right now contact an attorney and schedule an appointment right now.