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What Are the Legal Requirements for a Divorce?

If you have exhausted all options to resolve your situation and are contemplating filing for divorce, it’s important to understand that the process is not as straightforward as merely visiting your local courthouse. There are specific legal requirements that must be met to be eligible to dissolve your marriage. If you are ready to begin this process, it’s wise to continue reading to learn if you meet the legal requirements to file for divorce in New Jersey and why connecting with our experienced Middlesex County Divorce Lawyers is in your best interest for these complicated matters. 

Are There Legal Requirements for a NJ Divorce?

To file for a divorce in New Jersey, either spouse must have been a resident of the state for at least one year before filing for divorce. This differs from other states that impose a mandatory separation period before they are eligible to file.

In addition, there are numerous grounds for divorce in the Garden State. You will need to choose at least one of the grounds to file a complaint to be recognized and be eligible for divorce. No-fault divorce is often preferred because it’s typically less contentious and less expensive. There are two no-fault grounds in New Jersey: irreconcilable differences and separation. The most common ground utilized today is irreconcilable differences, which requires that the couple has experienced irreconcilable differences for at least six months. Separation requires the couple to have lived apart for at least 18 consecutive months with no reasonable prospect of reconciliation. Essentially, you can file for divorce without claiming any particular misconduct by either spouse.

It’s important to note that New Jersey divorces can be filed on either fault or no-fault grounds. Fault grounds are reasons attributed to one spouse’s wrongdoing leading to the dissolution of the marriage. You must prove that some misconduct or unfavorable behavior from your spouse led to the cause of the divorce. Some examples of fault-based grounds include:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Addiction
  • Institutionalization
  • Imprisonment
  • Deviant sexual conduct

What is the Difference Between an Uncontested & Contested Divorce?

Generally, you’ll find that the two main options are uncontested and contested divorces. To pursue an uncontested divorce, you and your spouse must address all of the issues related to their marriage and come to a resolution. These issues include property division, spousal support, child custody, and child support. When the parties agree on the terms that will apply to the termination of the marriage, the court doesn’t need to intervene, making this route the faster way to conclude your case. If the parties disagree on one or more issues, their divorce will be contested. A contested divorce is more complicated and usually involves lengthy negotiations and a trial.

As you can see, filing for divorce can be a complex process, which is why working with a seasoned lawyer from Arndt, Sutak & Miceli, LLC, is crucial. Connect with our team today so we can help you navigate towards a brighter future.

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