Divorce From Bond of Matrimony
- Causes for divorce from bond of matrimony (N.J.S.A.
2A:34-2):
- N.J.S.A.
2A:34-8. Jurisdiction stated
The Superior Court shall have jurisdiction of all causes of divorce, ... when either party is a bona fide resident of this
State. The Superior Court shall have jurisdiction of an action for alimony and
maintenance when the defendant is subject to the personal jurisdiction of the
court, is a resident of this State, or has tangible or intangible real or
personal property within the jurisdiction of the court. The Superior Court may
afford incidental relief as in other cases of an equitable nature and by rule
of court may determine the venue of matrimonial actions.
- N.J.S.A.
2A:34-10. Jurisdiction in divorce proceedings; service of process;
residence requirements
Jurisdiction in actions for divorce, either absolute or from bed and board,
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 shall
be commenced for any cause other than adultery, 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.
- N.J.S.A.
2A:34-11. Jurisdiction by acknowledgment of service of process,
appearance, etc.
In divorce and nullity actions, the jurisdiction of the court over the
defendant's person for all purposes of the action shall be fully established
by the filing of an acknowledgment of service of process, or of an appearance,
or of an answer by the defendant pro se, or on his behalf by a duly authorized
attorney, in such manner as may be prescribed by rules of the supreme court.
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