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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My friend, US citizen, wants to get divorce as soon as possible.

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My friend, US citizen, wants to get divorce as soon as possible. He was living in NJ before with his wife, but she is not willing to give him divorce right now. Can he get divorce if they live separate and how much time they must be living separate to receive divorce in NJ? Is it possible for him to get divorce faster if he moves to California? Is he going to have his half part from the house if he gets divorce this way?
All states require that he meet residency requirements before he can file for divorce in that particular state. NJ requires 18 months of separation before filing for divorce. In California there is a six month residency requirement to file. NV seems to be the shortest with a six week residency requirement but also requires a separation of at least 12 months, most states are similar.

As to the property if the house was purchased during the marriage, it can be divided according to the laws of the state where you file for divorce.




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Customer: replied 8 years ago.
Can you specify for CA, is that mean after 6 months moving there, he can file for divorce and how long it will take for him to receive the papers after that?
To be more specific is it as follows:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.
So he must first move to California and live there for six full months and within those six months he must live in one county for at least 3 months before he can file.

Once he files a divorce decree will not be given after another six months has passed.


Hope that is clear.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


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