When you have made the decision to move forward with a divorce, it can initially be a very overwhelming process. There are a lot of important things to consider including residency requirements, child custody, child support, bank accounts, joint-own assets or property, alimony, and more. Trying to think about all of these different areas can be a lot. Depending on whether the divorce was a mutual agreement or not, and depending on the spouse in question, coming to a fair agreement or even getting through the process itself can be long, dragged out, and stressful. Having a proper game plan and knowing how to get started is crucial, and we are here to help.
Residency Requirements for Filing a NJ Divorce
Before even considering splitting up property and how things will work if you have children, you first must bang out the initial proceedings. First and foremost, most states have a Residency Requirement when filing for a divorce. This means that you must have officially lived in the state of residence for a certain time period before filing the divorce complaint. In New Jersey, either spouse must have been a resident for at least one year prior to filing.
Determining Grounds for Divorce
Once the Residency Requirement has been met, you must consider your “Grounds for Divorce”. Simply put, you must explain why you and/or your spouse has decided to go through with ending the marriage. There are two types of reasoning categories: Fault-Based and No-Fault. What reasonings fall under each category vary state by state. Rules and requirements also change as well. New Jersey has very specific rules for each one.
Fault-Based New Jersey Divorces
In fault-based divorces, a reasoning usually points that one or both spouses have done something to contribute the ending of the marriage. There are a wide variety of reasons that are considered acceptable including:
- Extreme mental or physical cruelty
- Institutionalization for mental illness
- Deviant sexual behavior
- Constructive desertion
- Habitual drunkenness or drug issues
New Jersey law also states that in situations of adultery, there is no minimum time that one of the spouses must be a resident of New Jersey as long as they are officially at the time of filing the divorce.
No-Fault New Jersey Divorces
No-fault divorces are the type where both parties agree that the divorce is necessary and neither party is pointing the finger or accepting blame for the ending of the marriage. There are two types of no-fault types:
- Separation – When both spouses agree there is no possibility for a reconciliation. The married couple had to have lived in separate homes for 18 months or longer to file for a divorce under this reasoning.
- Irreconcilable Differences – If you do not want to have to wait the 18 months and both spouses agree there is no hope to reconcile the marriage, you can file under this reasoning.
Hashing out the Details of Your New Jersey Divorce
After you have made sure that you have fulfilled the requirements set by New Jersey law and have decided on the reasoning, then you can begin with the details of the divorce. This will be either very easy if your spouse is in agreement and very understanding, or it could end up being a complete nightmare. Things you will want to take into consideration include alimony, splitting up shared possessions (such as home, vehicles, pets, electronics, etc.), child support, visitation schedules for the noncustodial parent, and child custody. Discuss this with your spouse if possible, write down the full details of what you want and what they want, and then discuss with your attorney to hash out the full details. It is important to get a quality divorce attorney after you have gotten started and are ready to discuss the details
Contact a Cherry Hill Family Law Attorney for a Consultation About Your Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified lawyer. The New Jersey family law attorneys at Cordry Hartman represent clients throughout the state, including Moorestown, Mount Laurel, Voorhees, Haddonfield, and throughout the state of New Jersey. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 235-4511 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 513 S Lenola Rd #212 Ste 212, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.