Comparing two states for best filing option....

[John Happy]

I am currently separated (for 4 months).  I work/live in one state during the week (MN), and own a house in another state (where kids and their mom are - NJ) where I spend weekends (and have been domiciled for several years).  I am looking for advice as to:

What is the best way to evaluate which state would be the better choice for me to file?

My thinking is that if I approach an atty in either state, that they will only know/care about their own state.
Thanks in advance for your thoughts.

[socrateaser]

Unless your spouse agrees to settle out of court, submit to MN jurisdiction, or she moves out of NJ with the kids before either of you file for dissolution, then you are gonna have an NJ divorce. You must live in MN for at least 6 months in order to file for divorce therein, and even if you satisfy the residency reqiurement, an MN court would likely find no substantial connection between your children and MN, and thereby refuse to exercise jurisdiction on grounds of "forum inconveniens" (legal theory of inconvenient forum).

[John Happy]

Thanks for the quick reply.  You created another question for me:

So far, we are both very agreeable -- it is possible to divorce without going to court?  In NJ?

I thought we had to each have a lawyer, and go to court even with an uncontested divorce.  

[John Happy]

Oh, sorry one more:

Does the 18 month waiting period after separating mean that I have to wait 18 months to file a no-fault or 18 months for the divorce to "be final"?

[socrateaser]

>Thanks for the quick reply.  You created another question for
>me:
>
>So far, we are both very agreeable -- it is possible to
>divorce without going to court?  In NJ?

You can file what is known as a joint petition for dissolution of marriage, if you are in complete agreement on each and every issue. This is essentially an agreement that the court will order as a final judgment/decree. However, a court must still sign the judgment/decree, so the direct answer is "no."

You don't need attorneys if you can draw up the documents yourself, but the court must order the divorce.

[socrateaser]

>Does the 18 month waiting period after separating mean that I
>have to wait 18 months to file a no-fault or 18 months for the
>divorce to "be final"?

I don't know the specifics of NJ law, so I can't tell you about your waiting period.

However, if you're looking for a fast out, and you and your ex are in complete agreement about everything, then I suggest that you contact a NV attorney and ask about having your divorce entered there.

The reason that this is different, is because NV has an extremely short residency requirement, and no fault divorce, thus anyone can pretty much resolve their divorce immediately, IF they are in complete agreement on all of the issues of child custody/property division/spousal support/child support/attorney fees.

If not, then you're wasting your time trying to divorce anywhere other than NJ.