Articles
Articles in the ‘Jurisdiction’ Category
Eliminating 1 Year Residency Requirements to File for Divorce
In order to file for divorce in New Jersey using extreme cruelty as the cause of action, a litigant must reside in the state for at least 1 year prior to the filing. Legislation has been introduced that would eliminate the 1 year residency requirement for extreme cruelty divorce cases involving domestic violence. Click on the link for the bill. Assembly Bill A3089, July 13, 2010
Lack of Jurisdiction
The husband filed a divorce complaint seeking equitable distribution of marital assets and other relief. The wife appealed from the denial of her motion to dismiss that complaint claiming the husband is not a bona fide resident of New Jersey and she has no contacts with the State. The Appellate Court agreed with the wife’s position. The mere presence of various financial institutions where marital accounts were maintained was an insufficient jurisdictional basis. Boghosian v. Boghosian, New Jersey App. Div., August 19, 2009
