• Skip to content
  • Skip to primary sidebar
  • Skip to footer

Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

Divorce & Family Law of New Jersey

Call Attorney Carrie SchultzCall Us Today
(201) 880-9770
  • Home
  • Firm Overview
    • Pit Bull Advocacy
    • Resources
      • Divorce & Family Law FAQs
  • Attorneys
    • CARRIE S. SCHULTZ, ESQ.
    • JOSH A. FREEMAN, ESQ.
    • Elizabeth Vinhal, Esq.
    • ANDREW ECONOMOS, ESQ. (OF COUNSEL)
    • Andrew “Drew” Fischer, Esq. (OF COUNSEL)
  • Practice Areas
    • New Jersey Family Law Attorneys
    • Post-Divorce
      • Postnuptial Agreement
      • Post Divorce Enforcement or Modification
      • Enforcement Of Court Orders
      • Mediation
    • Divorce
      • Contested and Uncontested Divorce
      • Divorce Dissolution Attorney
      • Legal Separation
      • Mediation
      • Tax Issues of Divorce
      • Fort Lee
      • Paramus
      • Passaic
    • High Net Worth Divorce
      • Maintaining Your Lifestyle
      • Business Owners in Divorce
      • Prenups and Mid-Marriage Agreements
      • PROPERTY DIVISION
    • DIVISION OF PROPERTY
      • Equitable Distribution
      • Business Valuation
    • Child Custody
      • VISITATION & PARENTING TIME
      • Custody and Visitation Issues
      • NON-MARRIED COUPLES
      • Child Abduction
      • Parent Relocation
    • CHILD SUPPORT
      • Paternity
      • NON-MARRIED COUPLES
    • Alimony
      • Alimony Calculator
      • Long-Term Alimony
    • Domestic Violence
      • Restraining Orders
  • Videos
  • Blog
  • Our Reviews
  • Careers
  • Contact
Call
Contact
Blog
  • Home
  • Firm Overview
    • 2019 Scholarship
      • 2018 SCHOLARSHIP RECIPIENT
    • Pit Bull Advocacy
    • Resources
  • Attorneys
    • CARRIE S. SCHULTZ, ESQ.
    • Josh A. Freeman, Esq.
    • Elizabeth Vinhal, Esq.
    • Andrew Economos, Esq. (Of Counsel)
    • Andrew “Drew” Fischer, Esq. (OF COUNSEL)
  • Practice Areas
    • New Jersey Family Law Attorneys
      • Divorce & Family Law FAQs
    • Post-Divorce
      • Modifications
      • Postnuptial Agreement
      • Enforcement Of Court Orders
      • Mediation
    • Divorce
      • Legal Separation
      • Contested and Uncontested Divorce
      • Mediation
      • Tax Issues of Divorce
    • High Net Worth Divorce
      • Maintaining Your Lifestyle
      • Business Owners in Divorce
      • Prenups and Mid-Marriage Agreements
      • Property Division
    • Division of Property
      • EQUITABLE DISTRIBUTION
      • Business Valuation
    • Child Custody
      • Visitation and Parenting Time
      • Non-married Couples
      • Child Abduction
      • Parent Relocation
    • Child Support
      • Paternity
      • Non-married Couples
    • Alimony
      • Long-Term Alimony
    • Domestic Violence
      • Restraining Orders
  • Videos
  • Blog
  • Reviews
  • Careers
  • Contact

December 12, 2016 By Carrie S. Schultz, Esq.

How Can I Get Divorced If My Spouse Moved Out of State with the Kids?

mother and child

Divorce is complicated enough when spouses live in the same state. When one spouse lives in another state, it becomes even more so; and when children are involved, the complexities can increase exponentially. So how do you get divorced if you live in New Jersey and your spouse has moved out of state with the kids? What if your spouse and children have established residency in the new state—will that impact child custody decisions? 

There are many complicated questions to consider when divorcing between states, especially when children are involved. However, you can’t even begin the divorce process until it’s determined which state will have jurisdiction over the proceedings. The court that has jurisdiction will make the important decisions about your divorce, including when it comes to child custody, if you and your spouse cannot come to agreement between yourselves.  

How to Ascertain Which State Will Have Jurisdiction

Do you want to get divorced in New Jersey? Under N.J.S.A. 2A:34-10, for the New Jersey court to have jurisdiction, you must have been a resident of the state for at least 12 months (1 year) prior to filing for divorce unless you qualify for an exception to file before the 1 year residency requirement. That said, before your spouse can file in her or his state, she or he must meet the residency requirements set forth in that State; and every state has different requirements! In some it may take just weeks or months to establish residency, while in others, such as in New Jersey as already mentioned, a person must be resident for a year. A handful of states only require that the person must live there at the time of filing for divorce and that they intend to stay in the state. The reason that this is important is because there may be a race to the courthouse, so to speak in these situations between you and your spouse.  You will want to speak with an attorney immediately if you or your spouse both qualify in your respective states to determine the next best step for you and which state would be more beneficial for you to start this process considering the varying laws on custody, child support, alimony, and division of assets, as well as the convenience factor.

Is There a Benefit to Filing in New Jersey Versus My Spouse’s State?

Besides what may be an obvious benefit to you of not having to travel to another state for divorce and child custody hearings, there may be other advantages. Whether it is more advantageous to file in New Jersey or in another state depends on your individual circumstances and the specific divorce-related laws of each state. In some cases, it may be more beneficial to file in your spouse’s state, again depending on your unique situations and the laws of that state when it comes to fault and no-fault divorce, property division, spousal support, child custody and child support. There is no one-size-fits-all answer because every divorcing couple’s situation is unique. If you are a resident of New Jersey and your spouse has established residency in another state, an experienced family lawyer can help you determine where it may be best to file. 

What If We Can’t Agree Where to File for Divorce

Agreeing with your spouse on where to file is not necessary.  You just need to know what your options are or are not and then take action on whichever option benefits you better before your spouse does. Generally, jurisdiction will be granted to the spouse who files first. If you’ve both filed in separate states literally at the same time, it may depend upon who is served with the divorce petition first. The spouse who serves the petition first would typically have the case heard in their state so long as that spouse truly and legitimately meets the residency requirement.  If that spouse filed without meeting the requirements, then you could file a Motion to Dismiss in that State and file in the appropriate jurisdiction (not necessarily in that order, depending). The same can be true of your spouse.  If you filed in New Jersey, but the case should be heard in a different state (and you refuse to withdraw your filing), then the other party can file a Motion to Dismiss in New Jersey Court to get your filing kicked out and moved to the other State.

Of course, if your spouse has not yet lived in their new state long enough to establish residency, then you will likely file in New Jersey so long as you have lived here too for at least a year.

The above is just relating on where to file a divorce; children issues can be brought in the state where the children have resided for at least 6 consecutive months.  That is a different conversation, and this topic is guided by the UCCJEA laws.  It is not unheard of for people to deal with custody or visitation issues in one state and deal with all the other issues and get divorced in another state.  Although this is not ideal and often not practical on many levels, there are occasions where it happens and it is not a big deal depending on the two states involved. 

How Does My Spouse’s Moving Out of State Affect Child Custody Decisions?

The answer to this depends on whether the children went with your spouse or the children remained in New Jersey.  Remember, the other parent cannot permanently remove the children out of state (i.e. move with the children) without either your consent or a Court Order.  If this has happened or is about to happen, the other spouse or parent may be in violation of New Jersey law and perhaps in violation of some criminal laws too depending on the situation. 

 N.J.S.A. 9:2-2 says that minor children can’t be removed to another state without the other parent’s or the court’s permission. The law applies to children born in New Jersey or who have lived in the state for at least six (6) months. So, if you are facing this situation or truly believe it is about to happen, there is a huge opportunity for you to get the children back to NJ (or prevent them from going in the first place) and sometimes, depending on the facts, custody may be transferred to you immediately.  That is, if you take urgent action.  We say this because the longer you go and wait without saying or doing anything, the court may view that as you agreeing to the move and then things get harder from there from a practical and legal standpoint.  But that doesn’t mean you shouldn’t do something about it and especially if the children were moved out of state over your objection! 

So, time is of the essence in these situations! Our Hackensack attorney can help you understand what recourse you have if your spouse moved out of state with the children without your permission. 

If you have agreed to permit your children to move to another state, then the issue is not necessarily one of custody, but rather a workable and realistic visitation or parenting time arrangement.  That is, unless you are also willing to move closer to where your children are current living.  So, while most every state puts the best interests of children first when it comes to custody, visitation, and parenting time decisions, the specific factors that judges consider in making those decisions can differ between states. You would need to contact an experienced family law attorney in the state where your children are living to understand the laws of that state and what your options are. 

 Of course, depending upon where your spouse moved with the children, you could end up seeing them only limited weekends or over the summer or on school holidays—especially if the distance between you and your children is significant time-wise. In this type of situation, you need the help of a skillful family lawyer who will work hard to protect your interests and your relationship with your children. At MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC, we understand the frustration and emotional anxiety fathers and mothers experience in child custody decisions. We will fight for you.

This educational video was brought to you by Carrie Schultz, an experienced New Jersey Divorce Attorney.

Get Help from an Experienced Divorce and Child Custody Attorney in New Jersey

Are you looking to get divorced, but your spouse and kids are in another state? Divorcing between state lines adds to the legal complexities of the entire divorce process, including child custody and visitation and child support decisions. Our experienced divorce attorney at MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC is well-versed in effectively representing clients in situations where a spouse has moved out of state with children. We can help you in establishing jurisdiction over your spouse to get the most beneficial outcome in your divorce and child custody proceedings. To find out more about how we can help you, call us today at (201) 880-9770.

Carrie S. Schultz, Esq. – author

Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a consultation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching!

CLICK HERE TO SEE THE FREE VIDEO “THE TOP 3 THINGS TO CONSIDER BEFORE A DIVORCE”

Primary Sidebar

  • We Are Here to Help
    Contact Us Today

    We Also Offer
    Telephone & Video Initial Consultations!
  • Please Note: Our practice focuses on cases that occur in New Jersey.

Practice Areas

  • Divorce
  • Division Of Property
  • Child Support
  • Domestic Violence
  • Alimony
  • Child Custody
  • High Net Worth Divorce
  • Post-Divorce Modifications

Recent Blogs

Do Both Parents Have to Pay for College?

March 29, 2022

Family Law Issues Can Cause Emotional and Physical Health Challenges

November 4, 2021

Can Alimony Payments Change?

October 22, 2021

Featured Divorce Videos

  • How Long Will a Divorce Take?
  • What is an Uncontested Divorce?
  • What is a No Fault Divorce?
  • Keeping the Costs of Your Divorce Low

Watch Our Educational Videos

Recent Posts

  • Do Both Parents Have to Pay for College?
  • Family Law Issues Can Cause Emotional and Physical Health Challenges
  • Can Alimony Payments Change?
  • Do Mothers Have More Rights Than Fathers?
  • What Should You Not Do in a Custody Battle?

Recent Comments

    Archives

    • March 2022
    • November 2021
    • October 2021
    • July 2021
    • June 2021
    • May 2021
    • March 2021
    • January 2021
    • November 2020
    • October 2020
    • August 2020
    • July 2020
    • March 2020
    • January 2020
    • December 2019
    • November 2019
    • September 2019
    • July 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • July 2018
    • May 2018
    • April 2018
    • March 2018
    • February 2018
    • January 2018
    • December 2017
    • November 2017
    • October 2017
    • September 2017
    • August 2017
    • July 2017
    • June 2017
    • May 2017
    • April 2017
    • March 2017
    • February 2017
    • January 2017
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • July 2016
    • June 2016
    • May 2016
    • April 2016
    • March 2016
    • February 2016
    • January 2016
    • December 2015
    • November 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • May 2015
    • April 2015
    • March 2015
    • February 2015
    • January 2015
    • December 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • March 2014
    • February 2014

    Categories

    • Alimony
    • Business Valuation
    • Child Custody
    • Child Custody
    • Child Support
    • Division of Property
    • Divorce
    • Divorce
    • Domestic Violence
    • Family Law
    • High Net Worth Divorce
    • New Jersey Family Law Blog
    • News
    • Parenting
    • Uncategorized

    Footer

    Contact Us

    Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

    55 Hudson Street
    Hackensack, NJ  07601

    (201) 880-9770

    (201) 880-9771

    Hours: Monday to Friday: 9:00 AM – 5:30 PM

    Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC of New Jersey by Schultz & Associates, LLC map

    THIS IS AN ADVERTISEMENT

    These materials have been prepared by Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. 

    No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. Every case is unique. 

    The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

    • Facebook
    • Twitter
    • LinkedIN
    • Youtube
    • Facebook
    • Twitter
    • LinkedIN
    • Youtube

    2022 © Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC   |   All Rights Reserved | Privacy Policy | Sitemap

    7 Tips to Easing Your Anxiety About a Possible Divorce

     
    We respect your privacy