Deciding that you no longer want to be married can be an overwhelming and emotional process. However, if you have reached this conclusion then it is important to be informed of your rights and obligations. Continue reading and speak with a Sussex County, Sparta divorce attorney to learn about the first step in the divorce process and obtain skilled representation during your case.
What Types of Divorce Exist?
When one spouse decides to file for divorce they must make a few key decisions before they can begin the process. One of the main issues that must be addressed is the grounds for divorce. The grounds will determine whether it is a fault-based or no-fault split.
Fault-based divorces rely on proof that one spouse’s actions and behavior were the root cause of the marriage’s failure. Grounds in a fault-based divorce can include:
- Adultery
- Cruel and inhuman treatment
- Imprisonment
- Abandonment
- Impotence, if it existed before the marriage and was kept hidden
A no-fault divorce can be obtained by either spouse without having to prove that one person is to blame. There are generally two grounds for a no-fault divorce:
- Irretrievable breakdown of the marriage
- Irreconcilable differences
Once the initiating spouse has determined the type of divorce they want and the grounds, they should check the state’s eligibility requirements before moving to step number one. To file for divorce in New Jersey either you or your spouse must live in state and have been a resident for at least the past year. If you meet the requirements to file you can begin the process.
The First Step of the Divorce Process
While taking the first step can be difficult, it is necessary to ensure you are able to end your marriage and move on. After you determine the grounds you want to file divorce the first action you have to take to begin the process is filing the Complaint for Divorce.
The complaint outlines details about you and your spouse and your reasoning for filing. It is the official request for the court to terminate your marriage. With this document, you must submit additional forms which can include the following:
- Summons
- Confidential Litigant Information Sheet
- Certification of Self-Represented Litigant and Dispute Resolution Alternatives
- Certification of Insurance Coverage
- Certification Regarding Redaction of Personal Identifiers
- Certification Verification and Non-Collusion
There are several moving parts when taking the first step to file for divorce. Inquire with your local court and a skilled attorney for specific assistance and information.
Do I Need a Lawyer During My Divorce?
You are technically allowed to file for divorce without legal representation in New Jersey, but it is not recommended. Navigating the legal process on your own can be complicated and overwhelming for an individual with no background in family law. Your attorney will guide you through the divorce process, ensure you follow proper procedures, and advocate for your wants and needs. Reach out to an experienced lawyer for knowledgeable legal counsel during your case.
