Divorce
Divorce in New Jersey
Divorcing or separating from your spouse or partner is not an easy decision. Factors such as custody, separation of assets, alimony and child support can make the process difficult. Our experienced and caring divorce attorneys can help you navigate this complex process.
Grounds for Divorce
You must state a reason for the divorce recognized by New Jersey Law
- No-fault Grounds (Irreconcilable Differences):
- You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce
- You or your spouse must have experienced irreconcilable differences for 6 months, and;
- The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved.
- You are certain there is no way to reconcile.
- Separation: To file for divorce based on separation, the couple must have been living apart for at least 18 months.
- Extreme Cruelty: To file on the grounds of extreme cruelty requires proof of other factors. You should consult an attorney or read N.J.S.A. 2A:34-2 to see if the statute applies to your case.
- Fault grounds for Divorce:
- Adultery
- Institutionalization
- incarceration for an extended period.
Types of Divorce in New Jersey
- Uncontested Divorce: An uncontested Divorce is when both spouses agree that they want to dissolve their marriage and have come to a mutual agreement as to the dissolution of the union, financial and custody terms. Once a spouse files for the complaint for divorce, the other party may choose not to file an answer making the divorce uncontested. Then the parties can file a divorce settlement agreement to be filed with the court. Usually divorces that are uncontested are completed in a shorter time as the party have already resolved their differences.
- Contested Divorce: Contested divorces are those in which the spouses disagree on one or more issues such as alimony, custody, parenting time, and equitable distribution. In a contested divorce, a complaint and an answer are filed by Plaintiff and Defendant. The court will schedule as many necessary conferences as possible and events to help the parties settle. Some of these events are:
- Case management conferences
- Custody and parenting time mediation
- Parent Education Workshop
- Matrimonial Early Settlement Panel and/or Economic Mediation
If the parties do not reach an agreement in one or more issues, a trial will be schedule and the judge will make the determination for the parties.
New Jersey Divorce Lawyers
Whether your divorce is contested or uncontested you need experience legal representation. A divorce lawyer can make the difference on the divorce and help you obtain a positive resolution. Our divorce attorneys can help you protect your interest. We know how difficult a divorce can be, in representing you, our goal is to make sure you are informed of the process and the law. Our firm strongly believes that the best attorney and client relationship develop when the client is knowledgeable of the process.
Do you want to speak with one of our New Jersey Divorce Lawyers?
Give us a call at (201) 880-5563 to set up an appoint or you can send us an email by filing the contact form below. Our office provides in-person and virtual meetings and we can arrange a meeting at a time of your convenience.