Clinton, NJ Divorce Law Firms & Lawyers

You can file for divorce in New Jersey if you have been living here for a year.  You will have to serve him with a copy of the divorce complaint, and will have to send it regular mail and certified mail to the last known address.  You will also have to send something to the court if he does not sign for the certified mail, and indicate that you sent it certified and regular mail, that the regular mail did not come back undeliverable, and that he refused to sign for the certified mail.  You will be able to find a last know address for him online using something like White Pages, or something similar. 

You don't have the right to kick him out on your own. You must get a court order in your divorce matter. Edward Zohn Attorney at Law 908.791.0312; ezohn@zohnlaw.com

The Legislature has established both absolute divorce and divorce from bed and board in New Jersey. N.J.S.A. 2A:34-3 sets out the requirements for a judgment of divorce from bed and board. The New Jersey Supreme Court explained that the difference between the two types of divorce was that absolute divorce dissolves the marital bond and all dower rights are barred. In divorce from bed and board the marital bond subsists; i.e., divorce from bed and board is not a true divorce since it does not dissolve the bonds of matrimony but merely decrees a judicial separation. Significantly, in order to remarry after having obtained a judgment of divorce from bed and board, the parties must apply to the court for conversion of the bed and board divorce to an absolute divorce. The primary purpose for obtaining a divorce from bed and board is to terminate the marital obligations of cohabitation and support.