What to Know About New Jersey’s Divorce Process

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Everyone will have a different divorce process. For example, couples will end their marriages for different reasons and in different ways. However, the divorce process will have some general similarities for most people. Read on to learn more.

New Jersey’s state requirements:

In order to file for divorce in New Jersey, you or your spouse must have been a New Jersey resident for at least one year prior to filing for divorce. This requirement does not apply if you are filing on the grounds of adultery.

New Jersey’s grounds for divorce:

One of the first steps of the process is determining the grounds for your divorce. Grounds refer to the legal reason the divorce is occurring. New Jersey is a no-fault state. This means a couple may choose to file for divorce citing irreconcilable differences or separation of 18 months or more. Often, filing for a no-fault divorce is the simplest option, however, the following fault grounds are available in New Jersey:

  • Desertion
  • Extreme cruelty
  • Deviant sexual conduct
  • Addiction
  • Adultery
  • Institutionalization for mental illness

Case management conference:

Once you serve your spouse with divorce papers, you will participate in a Case Management Conference. Here, a judge will analyze all divorce-related matters, including:

  • Contested issues in your divorce
  • The pre-trial discovery process
  • A potential Early Settlement Panel date
  • Selection of expert witnesses
  • Whether child custody and parenting time are disputed

Early settlement panel:

You and your spouse may have to settle a number of matters, including child custody, child support, spousal support, the division of assets, and more. If the matters of your divorce cannot be settled, your case may be referred to an Early Settlement Panel. Here, several experienced attorneys will advise you about the outstanding matters of your divorce. You and your spouse do not have to take this advice and can instead attempt to settle these matters through mediation or litigation. If your divorce is litigated, a judge will make decisions on your behalf regarding outstanding matters. If you or your spouse are unhappy with the judge’s decisions, you may file an appeal.

Final judgment of divorce:

Once all outstanding matters have been resolved, the court must execute the Final Judgment of Divorce, finalizing the divorce.

One of the most important steps of your divorce process is finding the right attorney. Contact our firm today to discuss your case. We are here to advocate for you every step of the way.

Contact our Firm

If you need assistance with any family law issue, contact Greenberg & Walden, LLC today.

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