Divorce can be a challenging and emotional process, and navigating the legal system can be overwhelming. If you are considering filing for divorce in New Jersey, it is essential to understand the state’s divorce process.
Here is an overview of the New Jersey divorce process and what you can expect:
Grounds for Divorce
In New Jersey, you can file for a no-fault or fault-based divorce. A no-fault divorce means that you and your spouse have irreconcilable differences and have been living apart for at least 18 consecutive months. A fault-based divorce means that one spouse has committed adultery, abandonment, cruelty, or imprisonment for 18 months or more.
Filing for Divorce
To file for divorce in New Jersey, you must submit a Complaint for Divorce with the Superior Court of New Jersey. You must also pay a filing fee, which varies depending on the county you file in. The court will then serve your spouse with the complaint.
Response from Spouse
After your spouse receives the complaint, they have 35 days to file an Answer to the Complaint. The answer will indicate whether they agree or disagree with the terms you have outlined in the complaint. If your spouse does not file an answer, the court may enter a default judgment.
Discovery
Discovery is the process of obtaining information and evidence relevant to the divorce case. This may include financial documents, property appraisals, and testimony from witnesses. Both parties must disclose all relevant information to each other.
Settlement or Trial
After the discovery process, the spouses may try to settle the case through negotiations or mediation. If an agreement cannot be reached, the case will go to trial, and a judge will make a final decision on all issues.
Final Judgment of Divorce
Once the court has issued a final judgment of divorce, it is binding and enforceable. The judgment will outline the terms of the divorce, including child custody and support, alimony, and division of property.
It is important to note that the New Jersey divorce process can take several months or even years to complete, depending on the complexity of the case and whether the spouses can reach a settlement. However, with the help of an experienced divorce attorney, you can navigate the process and protect your interests.
Child Custody and Support
Child custody and support are among the most significant issues in a divorce case. New Jersey courts base their decisions on what they believe is in the best interests of the child. In cases where the parents cannot reach an agreement, the court will consider various factors, such as the child’s relationship with each parent, the child’s needs, and each parent’s ability to provide for the child.
Child support in New Jersey is calculated based on the state’s Child Support Guidelines, which take into account the incomes of both parents, the number of children, and other factors. The court may deviate from the guidelines if they find that a deviation is necessary to meet the child’s needs or if the guidelines would be unfair to one parent.
Alimony
Alimony, also known as spousal support, is the payment of money from one spouse to the other to help the receiving spouse maintain a certain standard of living after the divorce. The court will consider factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage when deciding on alimony.
Property Division
New Jersey is an equitable distribution state, which means that marital property will be divided fairly but not necessarily equally. The court will consider factors such as the length of the marriage, each spouse’s contributions to the marriage, and the value of the property when dividing marital assets.
Post-Divorce Modifications
After a divorce is finalized, circumstances may change that require modifications to the terms of the divorce decree. For example, if one parent loses their job, they may need to request a modification to child support. If one spouse remarries, the other spouse may be entitled to a reduction in alimony. These modifications can be made through a court order.
At Freeman Law Center, LLC., we specialize in family law, including divorce cases. We understand the complexity of the New Jersey divorce process and are committed to helping our clients navigate it with confidence.
We provide legal advice and explain options to our clients so they can make informed decisions throughout the process. We handle the paperwork and negotiations on behalf of our clients to achieve the best possible outcomes for their cases.
Our experienced divorce attorneys are skilled negotiators and can represent our clients in court if necessary. We are dedicated to advocating for our clients and protecting their interests throughout the entire divorce process.
If you are considering a divorce or have questions about the New Jersey divorce process, we are here to help. Contact us today to schedule a consultation and learn how we can assist you.