Getting divorced can be stressful, even in the most amicable situations. Before you proceed, it’s a good idea to get an idea of what to expect before you begin filing for divorce in NJ. You should, reach out to an experienced family law attorney to guide you through the process.
It’s important to have a basic grasp of the words used when filing for divorce in NJ. If you file the petition, or the one requesting the divorce, you are the plaintiff, and your spouse would be the defendant. The words ‘divorce’ and ‘dissolution’ are used interchangeably, and in fact, the initial form to file is called the ‘Complaint for Divorce/Dissolution.’
A no-fault divorce is in New Jersey is either based on living at two separate residences for at least 18 months before the divorce, or where the parties had irreconcilable differences for at least 6 months before filing. A fault divorce is when a party’s actions resulted in the breakup of the marriage, such as adultery, cruelty or abandonment. It is important to note that in most cases there is nothing to gain by filing a fault divorce. In most situations if you prove fault you will not receive more alimony, child support or receive more in asset division. Continue Reading →