Divorce may become an option for spouses who are struggling in their marriage. Sometimes situations become too toxic and are no longer as happy as they once were. These couples will have to go through divorce proceedings to make their split official. If they go through an uncontested divorce, their divorce may be able to undergo mediation and avoid major conflicts. Through this process, couples are able to keep their privacy as long as they cooperate with one another.
Other couples are not able to split as easily and without conflict. These couples may go through a contested divorce if they cannot decide on important factors. Due to this, the spouses may have to undergo litigation. If you are facing divorce litigation, our attorneys can best represent you. We understand how emotional this time can be and how sensitive these topics can be. With this in mind, we are compassionate to your needs and want to help you in any way that we can.
What is a no-fault divorce?
In New Jersey, couples have the option of filing for divorce without claiming a fault ground. Fault grounds usually include the fault of one party for the divorce. However, New Jersey gives spouses the option to cite irreconcilable differences or separation for at least 18 months as the grounds for divorce. With these reasons, neither spouse is responsible for the demise of the marriage.
Can I still cite a fault ground?
Although spouses have the option not to cite a fault ground, they are still able to claim a fault in the filing process. Spouses have the option to cite fault grounds that can include adultery, abandonment, incarceration, physical cruelty or mental cruelty.
Are there requirements before getting a divorce?
If couples decide to go through with a divorce, there are requirements that need to be met before filing. Couples will have to meet the residency requirement to decide which court has jurisdiction over the case. This requires that the spouses have lived in New Jersey for longer than a year before a court may take a divorce case. One or both spouses need to be bona fide residents.
When the jurisdiction is granted and the grounds for the divorce are established, the complaint for divorce can be drafted. This will start the divorce process for the couple. During a trial, a judge will decide on final decisions such as custody arrangements, alimony and the division of assets if this is needed. However, couples have the option to undergo mediation to decide on these important matters themselves.
For strong legal representation from an experienced personal injury, bankruptcy, workers’ compensation, criminal defense, or family law attorney, contact Underwood & Micklin and we would be happy to schedule a consultation to discuss your matter.
