When you decide that you no longer wish to be married you must take a multitude of steps that to legally terminate your relationship. Couples must meet several legal requirements before getting divorced. Laws will vary from state to state so understanding how long you must be separated in order to get a divorce is crucial. For more information and individualized assistance contact a Sussex County, Sparta legal separation attorney today.
What Types of Divorce Exist?
New Jersey state law recognizes both fault and no-fault divorces. No-fault divorce is typically based on irreconcilable differences that cause a breakdown of the marriage. If you and your spouse have experienced irreparable damage to the marriage with no reasonable prospect of reconciling, it is a valid reason to file for divorce.
Fault-based divorces are based on the behavior of one spouse. The other spouse must prove their actions and how they led to the breakdown of the marriage. Fault-based grounds can include adultery, abandonment, cruelty, substance addiction, imprisonment, and more.
How Long Do You and Your Spouse Need to Be Separated to Get a Divorce?
There is a common misconception that all New Jersey couples are required to be separated and live apart for 18 months before filing for divorce. New Jersey does not have a process of legal separation like some states do. This misconception comes from the fact that to file for divorce on the grounds of separation the couple must have been living apart for 18 months. However, as established, there are other grounds for divorce that do not require this same period of separation.
When filing for a no-fault divorce on the basis of irreconcilable differences, for example, the only proof required is that the relationship has been broken for 6 months or longer.
Many states have a required waiting period that couples must abide by after filing the initial petition for divorce. These types of waiting periods do not apply in NJ divorce cases. Once the complaint has been filed the process can immediately begin.
Contact a Divorce Attorney Today
While New Jersey does not mandate a separation period before filing for divorce, it is important to go into the process with a clear understanding of the grounds you are filing under. It would not be fun to do all of the prep work to file based on separation or an irretrievable breakdown only to realize that you have not met the time requirements. Working with an experienced attorney is crucial during this process. Your lawyer will help you understand all conditions and prerequisites that must be met before filing as well as aid in gathering and organizing relevant documents and evidence. Reach out to a skilled divorce attorney to discuss your situation today.
