What types of divorce are available in New Jersey?
In New Jersey, you can file for a no-fault divorce or a fault divorce, which includes various grounds such as adultery, abandonment, and abuse.
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Are you considering filing for divorce in Woodbridge? We can help you! Our team of divorce lawyers have handled hundreds of divorce cases over the years, ranging from uncontested to complex. Call (201) 798-8000 today, use our contact form below, or chat with us live 24/7 for a free consultation.
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Getting a divorce isn’t normally a simple matter. In addition to the confusion with legal proceedings and paperwork, a divorce takes an emotional toll on you and your family as you try to keep life as normal as possible.
Thankfully, you have options to guide you through the process. A Woodbridge divorce lawyer from Bhatt Law Group helps alleviate the pressure associated with a divorce, explaining your rights and options through the legal process with both knowledge and compassion. For more information on how we can help, contact us online or call (201) 798-8000 to schedule a free consultation.
Types of Divorce in New Jersey
If you’re filing for a divorce in New Jersey, you have options. First, you can file for a no-fault divorce. This type of divorce means that neither you or your spouse are assigning blame for the end of your marriage (i.e. no one was at fault). A common ground for no-fault divorce is “irreconcilable differences” which means that you and your spouse couldn’t get along.
If you’re filing for a fault divorce – you and your spouse allege some type of misconduct for the end of your marriage – you have eight individual grounds to choose from in New Jersey. Going through a fault divorce is normally a lengthy process, especially compared to a no-fault divorce.
Your divorce may also be contested or uncontested. An uncontested divorce means that you and your spouse can come to terms on all issues to end your marriage. A contested divorce is just the opposite. Your spouse may disagree that the marriage should end. However, more common contention issues include alimony or child support.
No matter what type of divorce you are considering, contact a Woodbridge divorce lawyer right away. Working with an experienced attorney is the best way to protect your rights and achieve the best results for you.
Grounds for Divorce in New Jersey
In New Jersey, you can select from multiple grounds for divorce. These grounds include:
- Adultery
- Willful abandonment that lasts at least 21 months
- Physical or mental abuse
- Drug or alcohol addiction
- Consensual deviant sexual conduct
- Mental illness resulting in 24 consecutive months or more of institutionalization
- Incarceration for 18 months or more
- Living separately and apart for at least 18 consecutive months
Maybe you’re unsure what specific ground to choose for your divorce. Or maybe you’re considering filing for a no-fault divorce. To make your selection with confidence, speak to a Woodbridge divorce lawyer as soon as possible to understand how your decision will impact the legal process.
Process of Filing for Divorce in NJ
Filing for divorce is an emotional and lengthy legal process. It typically includes completing the following steps:
- Ensure that you meet residency requirements. A divorce cannot be obtained in New Jersey unless the courts have jurisdiction over you and your spouse. Either you or your spouse must have been a resident of New Jersey for at least one year before filing for a divorce.
- Fill out an official complaint and other forms. You can file an “Official Complaint for Divorce” with your local court. A docket number will be assigned to the case and sent back to you which you can then serve to your spouse. You’ll also have to fill out multiple other forms.
- Begin the official legal process. Your spouse has 35 days to respond to the divorce complaint. This begins the long process of legal proceedings such as the discovery process, mediations, an intensive settlement conference, and possibly going to a divorce trial.
Each of these steps aren’t without potential roadblocks. A Woodbridge divorce lawyer who is experienced in the nuances of New Jersey divorce law can help simplify the process so you can confidently navigate every step and achieve the best possible outcome.
Legal Separation in New Jersey
Perhaps you don’t want to officially divorce your spouse, whether due to religious reasons or in the best interest of your children. You have the option of legal separation. Obtaining legal separation is similar in some ways to a divorce, but the outcomes are different.
Under legal separation, you are still legally married to your spouse. However, you are separate in terms of finances, parenting, assets, etc. through a court process and order. This is known as “divorce from bed and board” under New Jersey law.
An experienced Woodbridge divorce lawyer provides expert legal advice and guidance if you are considering legal separation in New Jersey.
Common Issues within Divorce
Dissolving a legal union means that many practical separation issues must be resolved. These issues normally include:
- Property divisionShared property such as investments, personal property and monetary savings will need to be divided between you and your spouse. This division, however, is not normally 50/50. A Woodbridge divorce lawyer can help oversee the process to ensure that property is divided as fairly as possible.
- Division of debtWhile you might wish that your spouse retain the debt from your marriage, the court will also distribute marital debt such as your mortgage and auto loans between you and your spouse.
- Retirement Retirement savings is a significant part of the marital estate that must be addressed during the divorce (especially if a majority of your retirement savings is part of your spouse’s account through work).
- AlimonyTypes of alimony (i.e. spousal support) include temporary, limited, rehabilitative, and permanent. A Woodbridge divorce lawyer can help guide you through the process.
- Prenuptial and Postnuptial AgreementsAs a valid prenuptial and postnuptial agreement can control or influence a number of issues within your divorce, have a family law attorney review either agreement and provide necessary legal advice on how to proceed.
- Child CustodyIf you and your spouse are unable to decide on a parenting agreement on your own, the court will decide on the custody arrangement for you. The arrangement is based on the best interests of the child.
- Child Support If you have children and are unsure how child support will be calculated in your case (based on New Jersey state guidelines), a lawyer at Bhatt Law Group can provide appropriate legal consultation.
A Woodbridge Divorce Lawyer is Here For You
Whether you’re considering filing for divorce or have been served with papers from your spouse, legal counsel during this strenuous time is advisable. A Woodbridge divorce lawyer takes the pressure off of you and helps you navigate paperwork, court process and other legal proceedings.
At Bhatt Law Group, we are committed to protecting your rights during the divorce and ensuring that you receive fair results. Contact us online or call (201) 798-8000 to schedule a free consultation and learn more how we can help you during your divorce.
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Domestic matters can be incredibly complicated and emotional. Our team of New Jersey family lawyers at Bhatt Law Group are dedicated to protecting your best interests in family law matters, from divorce to custody disputes to DYFS investigations. Let us help you through this challenging time in your life.
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Domestic matters can be incredibly complicated and emotional. Our team of New Jersey family lawyers at Bhatt Law Group are dedicated to protecting your best interests in family law matters, from divorce to custody disputes to DYFS investigations. Let us help you through this challenging time in your life.
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Frequently Asked Questions
What is the difference between contested and uncontested divorce?
An uncontested divorce means both spouses agree on all terms, while a contested divorce involves disagreements on issues like alimony or child support.
How long does the divorce process typically take in New Jersey?
The duration of the divorce process can vary significantly based on whether it is contested or uncontested, as well as the complexity of the issues involved.
What are the grounds for filing a fault divorce in New Jersey?
Grounds for a fault divorce in New Jersey include adultery, willful abandonment, physical or mental abuse, and drug or alcohol addiction, among others.
What is legal separation and how does it differ from divorce?
Legal separation allows couples to live apart while remaining legally married, addressing issues like finances and parenting without fully dissolving the marriage.
What should I do if I want to file for divorce?
You should consult with a Woodbridge divorce lawyer to understand your rights and the necessary steps, including meeting residency requirements and filing an official complaint.
How is property divided during a divorce?
Property division in a divorce is not typically 50/50; it involves equitable distribution based on various factors, and a lawyer can help ensure a fair process.
What is alimony and how is it determined?
Alimony, or spousal support, can be temporary, limited, rehabilitative, or permanent, and its determination depends on factors like the length of the marriage and financial needs.
Can I modify child support after the divorce is finalized?
Yes, child support can be modified if there are significant changes in circumstances, such as income or custody arrangements.
How can a Woodbridge divorce lawyer assist me?
A Woodbridge divorce lawyer can provide legal guidance, help navigate the paperwork and court processes, and advocate for your rights throughout the divorce.