How to File for Divorce in New Jersey
The legal term for filing for divorce in New Jersey is “Divorce From the Bond of Matrimony.” The first step toward divorce is filing a “Complaint for Divorce,” and this must be filed in the county the plaintiff (the person who files the complaint) lives in, unless he or she doesn’t currently live in New Jersey, then it can be filed in the county where the other person (defendant) lives. Additionally, you will typically need to establish “legal grounds” for the divorce or the termination of a civil union.
Legal grounds for divorce include:
- Desertion for 12 or more months
- Extreme cruelty (domestic violence—physical and/or mental abuse which endangers the health or safety of the plaintiff)
- Separation for 18 or more consecutive months without hope for reconciliation
- Substance abuse for 12 or more consecutive months
- Mental illness-induced institutionalization for 24 or more consecutive months
- Imprisonment for 18 or more consecutive months, as long as you have not resumed living together following their release from prison
- Voluntary sexual deviance by the defendant without consent from the filing party
- Irreconcilable differences
Our lawyers can help you file for divorce and determine the grounds on which your divorce should be based. During this process, it’s vital to keep control of the many variables. We will develop a legal strategy specific to you and the details of your divorce case.
New Jersey is an equitable division state, which means that along with alimony, the judge can distribute the real and personal property of both parties that were acquired during the marriage or civil union. This division will depend on a number of elements such as:
- The length of the civil union or marriage
- The age of both parties
- Emotional and physical health of both parties
- The established standard of living
- Any prenuptial agreements that were signed before the marriage or civil union
- Current economic circumstances for the plaintiff and defendant
- Capability of both parties to earn an income based on their background, skills and experience
- Responsibilities for any children involved
New Jersey Divorce with Children
Divorces become even more complicated when you have children (especially young children). Custody, whether joint or full, needs to be established. Legal custody and physical custody are very different, and it’s important to speak with our divorce attorneys about your potential custody rights. In some instances, older children may be able to choose which parent they spend most or all of their time with.
Why Choose Clark, Clark & Noonan, LLC in Wall?
Our lawyers have decades of experience in all areas of the law. We know how much a divorce can disrupt your quality of life and are ready to guide you through this trying time. We put our clients first and will maintain communication with you through the entire process. We will also do everything in our power to move forward with your divorce case.
If you’re considering filing for divorce or have questions about the divorce process in New Jersey, please contact our divorce attorneys in Freehold at 732-303-7857 24 hours a day, 7 days a week. Clark, Clark & Noonan, LLC serves clients throughout New Jersey including, divorce matters Freehold and Red Bank located in Monmouth County and nearby areas.
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