State Requirements When It Comes to Residency and Divorce

Residency requirements play a crucial role in family law matters, particularly divorce. Each state has specific rules regarding how long you must reside there before you can file for divorce. These requirements can impact the timeline of your case and even influence which state’s laws apply. Have a conversation with a Bucks County family attorney if you have questions about family law and residency requirements in Pennsylvania and New Jersey.
Why Residency Requirements Matter
A state has jurisdiction over your divorce case when you meet certain residency requirements. Without meeting these criteria, you may face delays or even rejection of your filing. Additionally, where you file can impact critical issues like property division, spousal support, child custody, and child support, as family law varies from state to state.
For couples who have recently relocated, live apart in different states, or have ties to multiple jurisdictions, residency rules are particularly important. Knowing the rules in your state is the first step in successfully navigating the process.
In Pennsylvania, at least one spouse must have lived in the state for at least six months before filing for divorce. Residency is established by having a primary home in the state. Proof may include voter registration, driver’s license, or utility bills. When filing, you must file in the appropriate county court. For those in Bucks County, this typically means filing in the Bucks County Court of Common Pleas.
New Jersey requires at least one spouse to have lived in the state for 12 consecutive months before filing for divorce. That said, there is an exception for cases involving adultery. You must file in the family division of the Superior Court in the county where either you or your spouse resides. For individuals living near the Pennsylvania border, such as in Mercer or Burlington Counties, understanding which jurisdiction to file in is essential.
Examples of Residency-Related Challenges
An attorney can guide you through the complexities of residency requirements. For instance, they can ensure your case proceeds smoothly if you are experiencing either of the following residency-related issues.
- Recently relocated couples. If a couple moves from New Jersey to Pennsylvania and one spouse files for divorce before meeting the six-month residency requirement, the court may reject the filing. The spouse may need to wait or file in their previous state of residence.
- Cross-state couples. When one spouse lives in Pennsylvania and the other in New Jersey, both states may have jurisdiction once residency requirements are met. This can lead to strategic decisions about where to file, as laws regarding property division or custody may differ.
Divorce is never easy, but understanding residency requirements is a critical first step. If you’re considering divorce in Pennsylvania or New Jersey, reach out to a Bucks County family attorney to discuss your situation.
Could a residency requirement complicate your divorce timeline? The legal team at Kevin L. Hand, P.C. can help you move through the process. Attorneys will advocate for your best interests at every stage. Call 215-968-6602 to schedule a confidential meeting.