Can my husband file for divorce or does he have to wait for the 91 days like I do if we are in different states?
Question Details: I am seperated from my husband for 30 days now but I haven't filled anything yet. I was told that I have to wait 91 days before I can file. I moved away from my husband to a different state; it is the state I have lived in all my life, except I lived in another state with my husband for 1 year. Then I came back with just my kids. Do I really have to wait the 91 days and, if so, does my husband have to wait as well?
Brad Micklin / The Micklin Law Group
Answered 9 months ago
This attorney is licensed in New Jersey
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Neither of you must wait 91 days to file. New Jersey, like most states, has a residency requirement that requires you be resident for at least one year prior to the filing, which you and he were. He can still file in New Jersey because he has resided here so long as it was for at least one year.
