How can I file for divorce if my husband lost his job due to being an alcoholic and we moved to 2 different states?

We have been living in separate states since late last year. I had to move home with my parents because he lost his job in the Army due to alcholism and injury. He was told he could come with me but didn’t want to and moved home to another state to be with his mother. He did a 30 day rehab program at the VA in but still drank. He is now in yet another state living with an aunt. I need to file for divorce, but am not a legal resident of my current state. We have been separated for 8 months and he hasn’t ever come to see the kids.

Asked on July 17, 2012 under Family Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you wish to file for a marital dissolution but are not presently a resident of the state where you reside (living there six months with intent to remain) you have the following options:

1. file a marital dissolution in the state where you are a resident;

2. wait until you are a resident of the state where you reside and then file a marital dissolution petition in the county where you now reside.

I suggest that you consult with a family law attorney about your matter and how to proceed.

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