Know your rights ·

Do we have to live apart before divorcing?

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

Do not apply one jurisdiction’s separation rule to another.

Do now

Identify the legal ground you plan to use. NJ irreconcilable differences involves a period of relationship breakdown; NY’s no-fault ground involves an irretrievable breakdown. Current DC guidance does not require a prefiling separation period. Ask whether your living arrangement affects the facts required for your chosen ground.

Watch for

A ground for divorce, a residency period, a response deadline, and time needed to finish the case are different things.

Official sources

NJ Courts — Divorce, NY Courts — Divorce frequently asked questions, DC Courts — Divorce, DC Code § 16-904 — Grounds for divorce and legal separation.

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