ASSEMBLY, No. 3089

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JULY 1, 2010

 


 

Sponsored by:

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris)

Assemblywoman  CAROLINE CASAGRANDE

District 12 (Mercer and Monmouth)

Assemblyman  GARY R. CHIUSANO

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Eliminates one year residency requirement for certain civil action filings.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning residency requirements for certain civil actions and amending N.J.S.2A:34-10.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S. 2A:34-10 is amended to read as follows:

     2A:34-10.  Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a  partner in a civil union couple; service of process; residence requirements.

     Jurisdiction in actions for divorce, either absolute or from bed and board, and in actions for dissolution of a civil union or legal separation from a  partner in a civil union couple may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and

     1.    When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause other than adultery or extreme cruelty involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) or under the provisions of a substantially similar statute under the laws of another state or the United States, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or

     2.    When, since the cause of action arose, either party has become, and for  at least 1 year next preceding the commencement of the action has continued to  be, a bona fide resident of this State; or

     3.    When, since the cause of action arose, either party has alleged grounds of extreme cruelty involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) or under the provisions of a substantially similar statute under the laws of another state or the United States.

(cf: P.L. 2006, c.103, s.70)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     At present, in order to file for a divorce, dissolution or legal separation in New Jersey, at least one of the parties must have been a New Jersey resident for at least one year.  The sole exception to
this residency requirement is the case of adultery.  This bill would eliminate the one year residency requirement in the case of extreme cruelty involving an act of domestic violence, thereby permitting earlier filings by persons including those fleeing into New Jersey from another state.