New Jersey Residency Requirements
Residency requirements for filing for divorce in New Jersey. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
12
months minimum
County Residency
months minimum
Note: At least one spouse must have been a bona fide resident of New Jersey for 12 consecutive months immediately before filing the complaint for divorce (N.J.S.A. 2A:34-10). The one-year residency requirement does not apply when adultery is the sole ground for divorce, as the offense may have been committed in any state. The complaint must be filed in the Superior Court, Chancery Division, Family Part in the county of proper venue.
New Jersey Residency Requirements Explained
Before you can file for divorce in New Jersey, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of New Jersey for a minimum of 12 months prior to filing your petition.
In addition to the state requirement, New Jersey also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in New Jersey as long as you personally meet the requirement.
How to Prove New Jersey Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid New Jersey driver's license or state ID
Active voter registration in New Jersey
Current lease agreement or mortgage for a New Jersey address
New Jersey state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in New Jersey
Bank statements showing a New Jersey address
Vehicle registered in New Jersey
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet New Jersey's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in New Jersey if:
- •They are currently stationed in New Jersey
- •They maintain New Jersey as their legal domicile (home of record)
- •Their spouse lives in New Jersey
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to New Jersey?
Start your countdown. Note the date you moved to New Jersey. You can file after 12 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your New Jersey divorce paperwork now so you can file the day you meet residency requirements.
Where to File in New Jersey
Once you meet New Jersey's residency requirements, you must file for divorce in the correct court. In New Jersey, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 12-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county