No matter how long you’ve been married or what led to the divorce, it’s imperative that you understand your options for settling your divorce case in a timely manner. Some snowbird couples may have the option to choose where to file for divorce. This begs the question: should snowbird couples divorce in New Jersey?
Unfortunately, the answer isn’t a simple yes or no. Whether it’s better to get divorced in Florida or New Jersey ultimately depends on the details of your marriage. Shore 2 Shore Mediation, LLC, can explain both Florida and New Jersey divorce laws, along with how they may apply to your situation. That way, you can make an educated decision about your divorce case.
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Divorce Cases in Florida and New Jersey
Recent data shows that marriages in America last a median of 20 years, but the exact length can depend on where you live, how old you are, and the unique aspects of your own marriage. The population in the northeast is older on average, so the area tends to report longer marriages, too. For example, the median age for women to get married in New Jersey is 29.8, but it’s only 25.2 in Utah.
In general, it’s widely recommended to file for divorce in Florida rather than New Jersey if you have the option. Both states follow an equitable distribution law, so you’re not going to be dealing with many differences when you file in one state versus the other.
That said, New Jersey’s residency requirement is longer than Florida’s, so you can’t file as quickly. To get divorced in Florida, at least one spouse must reside in the state for six months before they can file the petition for divorce. In New Jersey, the waiting period is one year.
Divorce Cases in New Jersey vs. Florida
New Jersey’s divorce rate is 2.2 per 1,000, which is fairly average when compared with the rest of the country. With over 9,700,000 people in the state, New Jersey divorce laws stand to affect many people. Snowbirds who live in another state for part of the year may decide to get married in Florida instead.
Approximately 58 percent of homeowners in Florida are married couples. If you own a home in Florida, even for part of the year, it’s imperative that you understand Florida divorce laws so you can settle these matters. Property division is one of many issues you’re going to deal with in a divorce.
Depending on the details of your marriage, you may also have to settle matters like child support, custody, visitation, and other family law issues. It’s recommended that you hire a divorce lawyer to help you navigate your divorce case.
FAQs
Is New Jersey a Community Property State?
New Jersey is not a community property state. Instead, it uses an equitable distribution principle. Under equitable distribution laws, property is divided between spouses based on what is fair. This doesn’t necessarily mean property is going to be separated 50/50.
You can expect the court to look at various factors when determining how to allocate property fairly between two spouses. This includes education, earning capabilities, and whether they have children. Debt is typically shared equally.
Is Florida an Equitable Distribution State?
Florida is an equitable distribution state. This means that you can expect property division in Florida to work as it would in a New Jersey divorce case. Before courts go in to divide property, spouses have a chance to work together to divide their property how they see fit.
They’re allowed to opt into a community property system. You only must concern yourself with Florida’s equitable distribution model if you cannot settle matters through negotiations or mediation.
Do I Have to Hire a Divorce Lawyer to Open a Divorce Case in New Jersey or Florida?
You do not have to hire a divorce lawyer to open a divorce case in New Jersey or Florida. That said, it’s recommended that you do hire a Florida or New Jersey divorce attorney, depending on where you file.
Both states are no-fault divorce states, but that doesn’t mean settling a divorce is going to be easy. You can count on your attorney to represent your interests in and out of court and provide the aggressive advocacy you need.
How Much Does It Cost to Hire a Divorce Lawyer in New Jersey vs. Florida?
How much it costs to hire a divorce lawyer in New Jersey vs. Florida can vary from case to case. You can typically expect to pay a flat fee, an hourly rate, or a retainer for your legal services.
The exact cost is going to depend on the specific firm you choose and the complexity of your case, among other factors. It’s wise to do your research and find a divorce attorney who can meet all your needs before committing.
We’ll Help You Move Forward With Strength
Hire a Divorce Lawyer to Help With Your Divorce Case in New Jersey
If you’re navigating a divorce in New Jersey or Florida, you can turn to Shore 2 Shore Mediation, LLC, to help you settle matters as quickly as possible. Our team can handle mediation for divorce cases in Florida and New Jersey.
We’ve built a strong reputation over the years, becoming Lead Counsel Verified, joining the American Institute of Legal Counsel, and earning accreditation with an A+ rating at the Better Business Bureau.
Our firm is also rated as an Avvo Top Attorney and has won multiple awards, including:
- City’s Best Award winner two years in a row
- Martindale-Hubbell® Platinum Client Champion Award
- New Jersey’s Best Lawyers for Families
- The National Advocates Top 100 Lawyers Award
Our past successes don’t guarantee a win for your case, but you can rest assured you’re working with a local divorce attorney you can trust. If you’re ready to talk about your situation in more detail, reach out to our skilled legal team to start planning. Contact one of our offices to set up an appointment with a member of our team today.
