Divorce laws and procedures differ from state to state and they are always changing. An An experienced NJ divorce lawyer, like those at Martine, Katz Scanlon & Schimmel, P.A., can help you navigate the process and understand your rights and obligations in New Jersey.
In most cases, it is a good idea to be represented by experienced family law counsel for a divorce, even sometimes with 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, but even some contested divorce matters can resolve reasonably quickly and amicably with experienced counsel. A NJ divorce lawyer understands and can assist parties to interpret all the laws, protections, policies and prepare paperwork pertaining to divorce in New Jersey. If you’re looking to navigate an NJ divorce, you can schedule a confidential consultation with our attorneys; we are available remotely via phone, web meetings, and email.
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, there is no separation requirement, but irreconcilable differences must have irreparably impaired the marriage for at least six months prior to filing. 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 former spouse. This is the most common type of divorce. The other less common type of divorce is a fault divorce, which can be based on a number of different grounds, such as 18-month separation (no longer required since no-fault divorce was approved by the New Jersey legislature), adultery, extreme cruelty, etc.
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 for divorce in New Jersey, that being what is known as a no-fault divorce. 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.
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.
Simply put: no. Once you file or receive a filed Complaint from the other party, you can begin the process to meet and choose an NJ divorce lawyer who you like and trust. You have time to gather any necessary paperwork and documents that will be important.
For an experienced 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.
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