Divorce in NJ


The state divorce laws differ from state to state and they are always changing. While New Jersey is the state with the lowest percentage for divorce residents in the nation, New Jersey has its own set of divorce laws on the books when needed. An expert NJ divorce lawyer, like those at Martine, Katz Scanlon & Schimmel, P.A., can help you understand how divorce laws work in New Jersey.

Do I need a lawyer to file for divorce in NJ?

It is highly recommended that you hire an NJ divorce lawyer to divorce even if you are filing an uncontested divorce. An uncontested divorce is when both parties agree on all parts of their divorce and there are no negotiations or disagreements. If there is anything either party disagrees on then it becomes a contested divorce, which is most common in New Jersey. A NJ divorce lawyer understands and can interpret all the laws, protections, policies and paperwork pertaining to divorce in New Jersey.

How long do you have to be separated before divorce in NJ?

An NJ divorce lawyer will explain that the length of separation necessary before divorce depends on the grounds for divorce. If you are filing for a no-fault divorce or irreconcilable differences, a New Jersey couple must be separated and living in different homes for at least 6 months. These laws vary by state. A no-fault divorce means the spouse filing for divorce does not need to validate or provide evidence of any issues or differences with their ex-spouse. This is the most common type of divorce. The other less common type of divorce is a fault divorce. A fault divorce means that the divorcing spouse needs to prove in court that there was an issue or circumstance that caused the divorce. In a fault divorce, the divorcing couple does not need to be separated for a length of time before filing for divorce. An experienced NJ lawyer can help you sort through the options.

What are the grounds for divorce in NJ?

A NJ divorce lawyer can explain the various different grounds for divorce in New Jersey. Grounds for divorce are the legal reasons for which you are filing for divorce. There can be numerous different reasons but you must file one legal reason in order for the divorce to be accepted. As discussed previously, irreconcilable differences are the most common no-fault grounds for divorce in New Jersey. In a fault divorce, there are many grounds for divorce. Some examples of grounds for divorce include adultery, abandonment, abuse, and incarceration. An experienced NJ divorce lawyer will help you prove the grounds for your divorce.

What are the divorce laws in NJ?

It is important that your NJ divorce lawyer understands all of the NJ divorce laws and adequately explains them to you. First, a notable law says that one spouse must be a New Jersey resident for a year or more before filing for divorce in New Jersey. Once you file for divorce, you no longer need to live in New Jersey. However there is one anomaly; if the grounds for divorce are adultery, then one spouse must live in New Jersey for any amount of time before filing for divorce. Another law says that the judge has the power to make one spouse pay the attorney fees. An NJ divorce lawyer will advise you on the best way to proceed.

Experienced NJ divorce lawyers can outline all of the legal grounds for divorce in New Jersey. Lastly, you can have a marriage annulment in New Jersey. Annulments can be granted on several occasions. Two examples include, if one spouse has another spouse while they are married, and if the two parties are biologically related. There are many detailed laws that are important to go over and understand with your NJ divorce lawyer.

Does it matter who files for divorce first in NJ?

The person who files for divorce first is usually more prepared, thus more likely to receive what they desire out of the divorce. As the prepared individual, you have time to meet and choose an NJ divorce lawyer and financial planner who you like and trust. You have time to gather any necessary paperwork and documents that will be important when the case starts. Also, you can control the timing of the case. Once the paperwork is filed, the case will begin and you can sway when the case will begin and possibly end. Contact an NJ divorce lawyer to discuss in depth.

For an expert NJ divorce lawyer, please reach out to Martine, Katz Scanlon & Schimmel, P.A. with offices in Cherry Hill and Princeton. Their trustworthy attorneys are knowledgeable and understanding of New Jersey divorce laws. Their NJ divorce lawyers will be able to negotiate and gain exactly what you need and want from your divorce.