Divorce Doesn’t Have to Be a Nightmare – Get the Expert Legal Help You Need Today
When you got married, you certainly didn’t plan on your relationship ending in divorce. However, life throws many curve balls and it’s a good bet that your marriage isn’t anything like it was in the beginning.
Some couples who experience relationship difficulties are able to work it out through counseling or even just talking their problems through with each other.
This does not mean that all marriage problems can be resolved in this way. For some couples, even those who have children together, the best solution is to part ways with as little damage as possible.
Handling an Uncontested Divorce Quickly and Efficiently
If you and your spouse have little to no property to divide and don’t have children together, you are excellent candidates for an uncontested divorce.
You may also be a candidate for an uncontested divorce if you and your spouse do have property to divide or children together, but you agree on each aspect of the divorce, such as:
The division of shared property, including the family home and whether it will go to one spouse or it will be liquidated and the proceeds split equally
The division of all debts
Whether alimony will be paid, who will it will be paid by, how much will be paid, and how long it will be paid for
Who will have primary physical and legal custody of the child and how visitation will proceed, or how time will be shared if another agreement is desired
How parenting responsibilities will be shared, including parenting responsibilities like health insurance, education, and other critical matters
Whether child support will be paid, who it will be paid by, how much will be paid, and how long it will be paid for
Uncontested divorces are generally considered the fastest way to dissolve a marriage in New Jersey.
Regardless of whether you and your spouse are able to reach an agreement on all matters involved in your divorce, it is still in your best interest to obtain legal representation to ensure your rights are being protected. At the very least, an attorney can help you ensure that your divorce paperwork is filled out properly and sent to the appropriate courts in your area.
Unbiased Mediation May Help You Reach Mutually Beneficial Compromises
In the event that you and your spouse do not agree on all aspects of your divorce, but do not desire litigation yet, you may be able to engage in what is known as mediation. Mediation is a process in which both spouses meet with an unbiased third party to discuss the issues at hand and reach a compromise.
Once the compromise is reached, the matter is treated as though the couple agreed all along and an uncontested divorce can still be filed. Mediation is an excellent alternative for couples who do not agree on everything, but still want to keep the cost, time, and emotional stress of the divorce as low as possible.
When contemplating divorce in New Jersey, understanding the grounds on which a marriage can be dissolved is essential. This comprehensive guide outlines the legally recognized grounds for divorce in New Jersey, including both fault-based and no-fault options. Explore the significance of grounds such as adultery, extreme cruelty, desertion, irreconcilable differences, and separation.
Adultery is a fault-based ground for divorce in New Jersey. It involves one spouse engaging in extramarital sexual relations. To establish adultery as a ground for divorce, the accusing spouse must provide evidence demonstrating the existence of a voluntary sexual relationship outside the marriage. This evidence can include photographs, witness testimony, or documented communication.
Extreme cruelty is another fault-based ground for divorce in New Jersey. It refers to physical or emotional cruelty that endangers the mental or physical well-being of the spouse. Examples of extreme cruelty include physical abuse, emotional abuse, harassment, or the infliction of severe emotional distress. Providing evidence such as medical records, police reports, or witness testimony is crucial in establishing extreme cruelty as a ground for divorce.
Desertion, also known as abandonment, is a fault-based ground for divorce. It occurs when one spouse willfully and without justification leaves the marital home or refuses to engage in marital relations for at least 12 consecutive months. Evidence, such as witness testimony or documentation of the spouse’s intent to abandon the marriage, is necessary to establish desertion as a ground for divorce.
New Jersey also recognizes no-fault grounds for divorce, with irreconcilable differences being the most common. Irreconcilable differences refer to a breakdown of the marriage that cannot be resolved and has persisted for at least six months. It signifies that the spouses have experienced significant issues or conflicts that have made the continuation of the marriage untenable. No specific evidence or proof is required to establish irreconcilable differences as a ground for divorce.
Another no-fault ground for divorce in New Jersey is separation. If spouses have lived apart continuously for at least 18 consecutive months, with no reasonable prospect of reconciliation, it can serve as a ground for divorce. While living separately, the spouses must demonstrate that they have ceased to engage in marital relations and that their separation is ongoing.
In New Jersey, divorces can be granted on various grounds, including fault-based grounds such as adultery, extreme cruelty, and desertion, as well as no-fault grounds like irreconcilable differences and separation. Understanding the grounds for divorce is essential in initiating the dissolution of a marriage. Consultation with an experienced family law attorney can provide valuable guidance throughout the divorce process, ensuring that the appropriate grounds are established and protecting your rights during this challenging time.
How long does it take to get a divorce in New Jersey?”
The duration of a divorce in New Jersey can vary depending on several factors. This comprehensive guide explores the timeline for getting a divorce in New Jersey, considering factors such as legal requirements, complexity of issues, cooperation between spouses, and court availability. By understanding these factors, you can gain insights into the general timeframe and steps involved in the divorce process in New Jersey.
Filing and Service of Complaint
The divorce process typically begins with one spouse filing a Complaint for Divorce in the appropriate New Jersey county court. The filing spouse must serve the Complaint to the other spouse, who then has a specific timeframe to respond. This initial step can usually be completed within a few days or weeks, depending on the availability of the court and the efficiency of the service process.
Mandatory Waiting Period
New Jersey has a mandatory waiting period before a divorce can be finalized. In most cases, this waiting period is 120 days, counting from the date the non-filing spouse receives the Complaint. However, this waiting period can be extended if there are complexities or disputes that require additional time for resolution.
Negotiations and Settlement Discussions
The duration of the divorce process can significantly depend on the level of cooperation and the complexity of issues between the spouses. If the spouses can reach agreements on important matters such as child custody, child support, spousal support, and property division through negotiation or mediation, the process can be expedited. However, if there are disagreements and extensive negotiations are required, it can prolong the timeline.
Court Proceedings and Trial
If the spouses are unable to reach a settlement through negotiation or mediation, the divorce case may proceed to court. The court’s availability and caseload can affect the timeline for scheduling hearings, conferences, and eventually, a trial. Complex cases or disputes may require multiple court appearances and can extend the overall duration of the divorce process.
Finalizing the Divorce
Once all issues are resolved, either through settlement or court decision, the divorce can be finalized. The finalization typically involves the court issuing a Final Judgment of Divorce. The time it takes for the court to process and issue the final judgment can vary, but it generally occurs within a few weeks to a few months after the conclusion of the divorce proceedings
The duration of a divorce in New Jersey depends on various factors, including legal requirements, complexity of issues, cooperation between spouses, and court availability.
Aggressive Legal Representation for Contested Divorces & Divorce Litigation in New Jersey
Sometimes, an uncontested divorce is unrealistic for a couple. This is particularly true in high net-worth divorces or when there is a lot on the table. When couples simply can’t reach an agreement on a divorce-related matter, such as how to divide property or who will have primary custody of the children, litigation may be the only way to resolve the issue.
Litigation can be costlier and lengthier than other divorce options, however, you may stand to gain more by bringing your case to court before a judge. In this case, it is absolutely imperative that you have zealous legal representation. Without an experienced matrimonial attorney, you stand to lose much more than you bargained for in your divorce.
At The Law Office of Steven M. Cytryn, LLC, we will review the matter in detail and help you develop a sound strategy that allows you to present your case before the court in the best possible light. When other attorneys press their clients to reach a settlement in order to avoid litigation, we know that sometimes, litigation is necessary to procure the most positive result possible for our clients. We will aggressively pursue a resolution in your best interests.
Contact The Law Office of Steven M. Cytryn, LLC Today for an Appointment
If you are in the midst of a divorce or are simply considering your options, don’t hesitate to speak with us about your matter. We have handled divorces that involve a wide variety of issues, including custody disputes, hidden assets, domestic violence, unreported income, premarital property, and many other factors that can impact your rights as part of a divorce if not handled properly.
Call us now to schedule a consultation to discuss your case in detail with a seasoned divorce attorney today.