What State Do I File For Divorce In?

Q: What is the 7 year rule in marriage?

The '7 year rule' in marriage often refers to the idea that many couples experience significant challenges around the seventh year. While not a legal concept, it suggests that marriages may face increased stress or changes during this time. It's important to communicate and seek support if you're experiencing difficulties.

Q: Why is year 7 the hardest in marriage?

Year 7 is often considered challenging due to various factors, including changes in personal goals, family dynamics, and increased responsibilities. Couples may find that they need to reassess their relationship and communication patterns during this time. Seeking counseling or support can help navigate these challenges.

Full question:

I got married about 10 years ago. My spouse is currently in jail and has been there for the past 7 years. We are not together any longer and I really want to divorce him. We got married in New York and I currently live in New Jersey. My spouse is in another state and I don't know exactly where he is. How do I get divorced without him being in the state?

Category: Divorce
Date: 04/07/2025
State: New Jersey

Answer:

You only have to be a resident of New Jersey for one year in order to file for divorce. Since your spouse lives in another state, this makes yours more complicated, but you can get your divorce in New Jersey. First, you need to "serve" divorce papers on your spouse out of state. "Serving papers" means giving official notice.

In order to do that, you must ask a court in New Jersey for permission to serve papers in a couple of ways intended to give your spouse actual notice of the divorce. You may have to hire a local constable, sheriff or process server in your spouse's home state.

If you don't know where your spouse is, sometimes a court will allow you to send copies by certified mail to your spouse's last known residence and publish a legal notice in a newspaper selected by the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Are you legally divorced if you have been separated for 7 years?

Being separated for 7 years does not automatically mean you are legally divorced. You must file for divorce and complete the legal process to obtain a divorce decree. Separation can be a step towards divorce, but until the court finalizes the divorce, you remain legally married.

Can you get a free divorce if your spouse is incarcerated?

While there may be options for reduced fees or assistance, a completely free divorce is uncommon. You can check with local legal aid organizations in New Jersey that may offer help based on your financial situation. However, you still need to follow the legal process, including serving divorce papers to your incarcerated spouse.

What happens after 10 years of marriage divorce?

After 10 years of marriage, divorce proceedings may involve considerations like alimony, property division, and child custody if applicable. New Jersey courts may take the length of the marriage into account when determining these issues. It's essential to consult with a legal professional to understand your rights and obligations.

What is the 7 year rule in marriage?

Why is year 7 the hardest in marriage?

What is the 7 year curse of marriage?

The '7 year curse' refers to the belief that many marriages face significant issues around the seventh year. This concept is not a legal term but rather a cultural observation. Couples may experience changes in intimacy, communication, or life circumstances that can challenge their relationship. Open dialogue and support can help couples overcome these hurdles.