Divorce is a significant legal matter. If you are considering a divorce, you may be unsure of how to initiate the legal process. Understanding the road ahead can help relieve some stress. Please continue reading to learn the first step of the divorce process in New Jersey and how our dedicated Monmouth County Divorce & Separation Attorneys can help guide you through these complex matters.
What Are the Requirements for Getting Divorced in New Jersey?
To file for divorce in New Jersey, you must meet a few prerequisites. Essentially, to legally file for divorce in the state, you or your spouse must demonstrate continuous residence within New Jersey for a minimum of one year before initiating divorce proceedings. If you don’t satisfy the residency requirements, the court cannot establish jurisdiction. It’s important to note that under certain circumstances there are exceptions that warrant residency requirements to be waived. For instance, if you need to relocate out of the state to evade violence, you can petition the court to waive the requirement for your safety. In addition, if you or your spouse are in the military and have been stationed in the state with temporary residence, the residency requirement can be waived.
How Do I Initiate the Divorce Process?
After you have determined that you are eligible to file for divorce in New Jersey, you can officially begin the process. The first step in the divorce process is filing the Complaint for Divorce. Like many other states, New Jersey is a no-fault divorce state, enabling parties to file for divorce on the grounds of irreconcilable differences or a separation of at least 18 months. Although the state offers no-fault options, the court still allows spouses to file for divorce on grounds of fault. These include:
- Addiction
- Adultery
- Desertion
- Extreme cruelty
- Deviant sexual conduct
- Incarceration
- Institutionalization for mental illness
In the divorce petition, you will explain the grounds on which you are seeking to dissolve the marriage and the terms that you are seeking regarding matters like child custody, alimony, and property division. Once you have filed the divorce petition it must be served to your spouse by someone who is over the age of 18 who is not personally involved in the case. The court requires the party to properly serve divorce papers to ensure that both parties are aware of the proceedings.
While this may be the first legal step involved in the divorce process, the first step in the process should be consulting a seasoned divorce attorney who can help you navigate your legal options during these tough times. Unfortunately, most people facing a divorce underestimate how complex this process can be, leaving them in a vulnerable position to make errors that could impact their future. As such, it’s in your best interest to contact a determined Monmouth County divorce attorney who can help you determine the best course of action given the unique circumstances of your case. Connect with Paone Zaleski & Murphy today to learn how we can fight for you.
