Hey all, I have a friend who’s stationed in NJ but is originally from Alaska. She hasn’t lived in Alaska for over 8 years but is trying to file for divorce there since the waiting period in NJ is a year. She heard there might be a military clause that could let her file sooner in NJ. Is that true? Any ideas on what the rules are? Her situation is already separated, so it’s not contested.
Hey, I’m not a lawyer but I think military members stationed in NJ can file for divorce without the one-year residency rule. It’s a thing where as long as you’re stationed there for 30+ days, you can file. So, she could go ahead with it in NJ.
@Teegan
That sounds right. I know it works that way in some states. But I guess it depends on her situation in Alaska too. Is she considered a resident there still?
@Teegan
Yeah, exactly. If she’s been gone that long, it could be tricky to file in Alaska, but NJ should be an option if she’s been there long enough. Might wanna double-check with a military lawyer though.
I was in a similar situation, and you can usually file wherever you’re stationed. No need to wait for a year unless there’s some special condition like being in a non-military residency. But she might want to ask a local attorney just to be sure.
@Andi
Yeah, good idea. It’s always better to double-check. Every state has different rules, even if you are military.
I think if they’re already separated and there’s no contest, she can go the uncontested route. That can make things a lot quicker, especially with military divorce laws. Could speed it up.
Deen said:
I think if they’re already separated and there’s no contest, she can go the uncontested route. That can make things a lot quicker, especially with military divorce laws. Could speed it up.
That’s a great point. Uncontested makes everything smoother. Just have to make sure all the paperwork is in order.
Not sure about the NJ rules, but in Alaska, you usually need recent residency to file. If she hasn’t lived there in 8 years, it might be a problem. Maybe she could check with an Alaska lawyer just in case?
@Ari
Yeah, that’s what I was thinking. I’ll look into it more and ask an attorney in Alaska. Thanks for the heads-up!
Hey, so the 30-day rule I’ve heard about is for military members who are stationed in a state. As long as they’ve been there 30 days, they can file for divorce without meeting the usual residency requirements.
@Hale
That’s helpful! So even if my friend hasn’t lived in NJ long, as long as she’s stationed there for 30 days, she should be good to file?
@Hale
Yep, that’s the general idea. But always a good idea to double-check with a lawyer to make sure everything’s squared away!