In New Jersey, personal jurisdiction plays a critical role in divorce proceedings, especially when one spouse resides outside the state. Personal jurisdiction refers to a court’s authority over the individuals involved in a legal case. For a New Jersey court to issue binding decisions with regard to the central aspects of a divorce proceeding--such as alimony, child support or equitable distribution of property--the court must have personal jurisdiction over both spouses. In other words, in the absence of personal jurisdiction over the out-of-state party, the New Jersey Family Court may still grant a divorce (i.e., a dissolution of the marriage itself), but the court may be limited in issuing orders affecting the non-resident spouse’s rights or obligations--such as the obligation to provide spousal support or effectuating equitable distribution of assets.
Under New Jersey law, personal jurisdiction in a divorce action exists when either party is a “bona fide resident” of New Jersey for the requisite time period. However, this does not automatically grant the court authority over the non-resident spouse. To exercise personal jurisdiction over an out-of-state party, New Jersey courts rely on the state’s “long-arm” statute and on principles of constitutional due process. This means the non-resident spouse must have sufficient “minimum contacts” with New Jersey--such as having lived in the state during the marriage, owning property here, or having engaged in conduct that affects a New Jersey resident.
Service of process is another key component. According to New Jersey law, notice must be reasonably calculated to inform the out-of-state party of the proceedings. This can be done through personal service, mail, or even publication if other methods fail. Importantly, if the non-resident spouse voluntarily responds to the complaint or participates in the case, that spouse may be deemed to have submitted to the court’s jurisdiction even in the absence of proper service of process.
Navigating jurisdictional issues in divorce can be complex--especially if one of the spouses does not reside here. If you are facing a cross-border divorce situation, contact a member of the Cohn Lifland Pearlman Herrmann & Knopf LLP Family Law team to ensure that your rights are protected and your case proceeds smoothly.