Sometimes, a couple cannot continue a marriage and seek a divorce in order to dissolve the relationship. In some heated and emotional cases, the process can be complicated and lengthy. New Jersey mandates that divorce cases not last longer than a year, but there are always exceptions. In the fortunate case that spouses can agree to all of the issues related to divorce and file an uncontested divorce, the process is only a few months. Whether a contested or uncontested divorce, both situations must address the same applicable issues. These include:
If you are seeking a divorce or want more information about the process, contact one of our experienced divorce attorneys at Paris P. Eliades Law Firm, LLC to guide you through your options and lead you towards a more positive situation.
Residency requirements and grounds for divorce in New Jersey
In New Jersey, there are requirements that need to be satisfied in order to start the divorce process. Firstly, a residency requirement must be fulfilled in order to file for divorce. In New Jersey, either party must be a bona fide resident of the state or lived in the state for at least a year. A residency requirement allows for a court to have jurisdiction over a case and hear it in court.
Once you establish jurisdiction, one must cite grounds for divorce. The rules have changed years ago and if you want a divorce, you will get one under the “no-fault” divorce laws of New Jersey. Even though “no fault” divorce is common in New Jersey, they allow for divorcing parties to cite “fault” divorces that can impact spousal support and other issues. Some applicable grounds for divorce include:
How the divorce process begins
Once jurisdiction is established and grounds are cited, you may serve the court with a Divorce Complaint, detailing grounds for divorce and residency requirement. Once the court files the document, you have to serve the other party within 4 months. The other party can answer the claim, but once you file the Divorce Complaint with the court and legally serve the other party, no one can stop you from acquiring the divorce, contested or not.
Case Management Conference, Discovery, motions
Once the process has commenced, the court will schedule a case management conference in which all parties will discuss:
The conference is to introduce the judge to the case and see what can be done to expedite the situation. Mediation is highly recommended in cases where there are few contested issues and a judge will use their discretion in their recommendation.
Discovery is the next step in the process. This is usually the longest part of the process. Each party takes the time to gather any financial information related to the case. During discovery, parties will procure net worth statements and assign a monetary value to assets and debts that will allow the court to have a clear picture of the financials of the marriage.
During the process of divorce, motions may be requested in order for parties to get the support they need to continue the process. Often, a judge will pass motions that help a dependent party get through the ordeal. These may include spousal support, child support, and any judgments needed to secure the continuing quality of life for a dependent party or children until the conclusion of the court case.
Final Judgment of Divorce
To end your divorce matter, the court will draft and hand down a Final Judgment of Divorce. Your divorce is finalized. This document will include all orders from the court addressing issues including:
Contact a firm with the experience you deserve
Paris P. Eliades Law Firm, LLC is a wealth of knowledge stemming from years of applicable divorce experience. We are ready to assist you through the divorce process and ease you towards the best possible outcome. If you and your spouse would consider mediation, our firm can assist both of you in coming to an amicable conclusion to your matter that can save you time and money. If you are in need of effective representation, contact us to assess your case and guide you through your options. Whatever the case, it is in your best interests to contact Paris P. Eliades Law Firm, LLC for the quality legal services you deserve. Contact us today.
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Sparta, NJ 07871