What Are The Grounds for Divorce in NJ?
In New Jersey, there are two classifications of the grounds for divorce: no-fault divorce grounds and fault divorce grounds.
- No-Fault Divorce in NJ – No grounds are needed to file for divorce. Both parties have simply agreed that the marriage is irreparable and neither party is accepting or placing blame.
- Fault-Based Divorce in NJ – Fault is not required in New Jersey, but spouses still have the option to file for divorce based on a pre-determined list of grounds for a divorce.
For fault-based divorce in New Jersey, the grounds include:
- Adultery
- Atypical sexual behavior
- Desertion
- Habitual drunkenness or drug use
- Extreme cruelty, either physically or mentally
- Imprisonment
- Institutionalism
- Irreconcilable differences that have existed for six months or more
Step-by-Step Guide to Filing for Divorce in New Jersey
First, you should consult an attorney from our firm if your situation qualifies for a no-fault or fault divorce.
As soon as we have determined the grounds for divorce or have chosen a no-fault divorce, we proceed to file the necessary documents such as:
- File a Complaint for Divorce
- Serve Divorce Summons
- Certification of Insurance Coverage
- Family Part Case Information Statement
- Confidential Litigation Information Sheet
- Certification of Notification of Complementary Dispute Resolution
We then submit this forms to the New Jersey County Clerk’s Office in your county. If you wish to serve the Complaint and Divorce Summons to your spouse, then you are free to do so. However, you may also opt to have a third party serve the papers to your spouse. As soon as your spouse signed all the necessary document, we then proceed to the negotiation of terms and the discovery phase.
Responding to Divorce Papers: Your Next Steps
If you have been served divorce papers by your spouse, you have 35 days to respond. Do not ignore these served as a default can be entered against you. During this time, we recommend that you seek our help to understand why you are being served divorce papers and what your next steps are.
The Importance of Legal Representation in New Jersey Divorce
Having a skilled attorney on your side increases your chance of being able to advocate your best interests and protect your children and assets. We will also help you understand your rights so you would have a better idea on what to negotiate or not.
Alternative Divorce Solutions: Avoiding Court Involvement
At Lori Cieckiewicz, ESQ, we have a court-qualified family law mediator, arbitrator and a collaborative law attorney who can help you and your spouse settle all important matters without the need for a judge to decide. However, this will only be successful as long as both parties are willing to work with each other.
Timeline for Finalizing Divorce in New Jersey
The length of a divorce process depends on the specific situation you are in. If you filed for uncontested divorce and you and your spouse happen to agree on the settlement quickly, then your divorce should be finalized in about three to six months. If there are complexities surrounding your case, it can take longer, although New Jersey courts have mandated that no divorce should take longer than 12 months. We will work as diligently as possible to move your matter through to the end.
Personalized Divorce Guidance and Support in Hudson County
At Lori Cieckiewicz, ESQ, we will stand by you and guide you through the entire process. We offer personalized attention and straightforward advice to help you make important decisions that will impact your life and the lives of your children in the future.
Commonly Asked Questions
What are the benefits of choosing mediation for my divorce in Hudson County?
Mediation offers several benefits for divorcing couples in Hudson County, NJ. It is a less stressful and more cost-effective alternative to traditional court litigation. Mediation encourages communication and cooperation, allowing couples to reach amicable agreements on important matters such as property division, child custody, and alimony. This process is also generally quicker, helping both parties to move forward with their lives without the prolonged emotional and financial strain that often accompanies court battles.
How can I initiate a no-fault divorce in New Jersey?
To initiate a no-fault divorce in New Jersey, you don't need to establish any fault on the part of your spouse. You can simply file a Complaint for Divorce stating that your marriage has irretrievably broken down due to irreconcilable differences that have persisted for at least six months. Our legal team can assist you with preparing and filing the necessary documents with the New Jersey County Clerk’s Office and guide you through the subsequent steps of the divorce process.
What should I do if I've been served with divorce papers in Hudson County?
If you've been served with divorce papers in Hudson County, it's crucial to respond within the 35-day window to avoid a default judgment against you. Seeking legal counsel immediately can help you understand the implications of the divorce papers and determine your next steps. Our experienced divorce attorneys can provide the necessary support and representation to protect your interests and navigate the legal proceedings effectively.
How long does it typically take to finalize a divorce in Hudson County, NJ?
The timeline for finalizing a divorce in Hudson County, NJ, varies depending on the complexity of the case. An uncontested divorce where both parties agree on the terms can be finalized within three to six months. However, contested divorces or those with complex issues may take longer, although New Jersey courts strive to conclude all divorces within 12 months. Our firm works diligently to expedite the process while ensuring your interests are safeguarded.
