Bill Text: NJ A3089 | 2010-2011 | Regular Session | Introduced
Bill Title: Eliminates one year residency requirement for certain civil action filings.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-07-01 - Introduced, Referred to Assembly Judiciary Committee [A3089 Detail]
Download: New_Jersey-2010-A3089-Introduced.html
Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (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.
