Family law is a comprehensive practice area of law. Navigating this on your own can be quite a challenge. Fortunately, our Jersey City family law attorneys are ready to help. At D’Alessandro & Cieckiewicz, P.C., we believe that our clients benefit more when they fully understand their rights. That is why we have put together this FAQ page to help our clients get the information that they need as they plan their next steps in any family law case they may be facing.
For more information or if you have other questions about matrimonial law, please feel free to reach out to our firm at (201) 561-8441!
What Are The Grounds for Divorce?
In New Jersey, there are two classifications of the grounds for divorce: no-fault divorce grounds and fault divorce grounds. The no-fault divorce ground means that both parties have agreed that the marriage is irreparable and neither party is accepting or placing blame. However, you and your spouse must be living apart for 18 consecutive months or more before filing for no-fault divorce to prove that there is no chance for a reconciliation.
For fault divorce in New Jersey, the grounds include:
- Atypical sexual behavior
- Habitual drunkenness or drug use
- Extreme cruelty, either physically or mentally
- Irreconcilable differences that have existed for six months or more
How Do I File for Divorce?
First, you should consult a Jersey City divorce 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, we proceed to file the necessary documents such as:
- Complaint for Divorce
- Divorce Summons
- Certification of Insurance
- Certification of Notification of Complementary Dispute Resolution
- Family Part Case Information Statement
- Confidential Litigant Information Sheet
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 if there is hostility or history of violence. As soon as your spouse signed all the necessary document, we then proceed to the negotiation of terms.
What Are My Next Steps If I Have Been Served Divorce Papers?
If you have been served divorce papers by your spouse, you have 20 to 30 days to respond. Ignoring the documents won’t do you any good. During this time, we recommend that you seek a Jersey City divorce attorney to help you understand why you are being served divorce papers and what your next steps are. Your lawyer should be able to present to you options on how to proceed as well as help you get organized on the necessary documents that you need to present during the process.
Do I Really Need to Hire A Divorce Attorney in New Jersey?
In a divorce proceeding, it is not about getting what you deserve, it is about getting what you negotiate. Having a skilled attorney on your side increases your chance of being able to advocate your best interests and protect your assets. Your lawyer can also help you understand your rights so you would have a better idea on what to negotiate or not.
Is There a Way to Separate Without Involving The Court?
At D’Alessandro & Cieckiewicz, P.C., we have a court-qualified family law mediator and a collaborative law attorney who can help you and your spouse end your marriage and settle all important matters without the need for court. Our legal team can help you negotiate child custody and support, alimony, property division, and more. However, this will only be successful as long as both parties are willing to work each other. If one of you has decided to be uncooperative, then we recommend that we take your case up to court.
How Long Does It Take to Get Divorced 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.
To ensure a swift and cost-efficient divorce, contact a Jersey City family law attorney at our firm by calling (201) 561-8441. Our goal is to give clients the confidence to know that they can do it on their own so they can move forward with their lives more quickly.