When couples can no longer continue to stay married, divorce may be an option for them. Some divorces can remain uncontested. This means that the spouses have agreed to terms about certain subjects. Through this process, couples are able to keep their privacy as long as they cooperate with one another. However, divorce can also become a very complex matter. Couples may not be on good terms and argue about factors involved in their divorce. This can lead to a contested divorce where they cannot agree on certain issues. Due to this, the spouses may have to undergo litigation. If you are facing divorce litigation, our attorneys can best represent you. We understand how emotional this time can be and how sensitive these topics can be. With this in mind, we are compassionate to your needs and want to help you in any way that we can.
In divorce proceedings, courts will have to decide on factors, including child support, child custody, spousal support and the division of assets.
Are their requirements before getting a divorce?
If couples decide to go through with a divorce, there are some requirements they must meet. Before filing for a divorce, couples will have to meet the residency requirement. This requirement is that the spouses must have lived in New Jersey for longer than a year before a court may take a divorce case. In these instances, it is to decipher which court will take on the case.
After this is decided upon, spouses will have to consider the grounds for their divorce. Since New Jersey is a no-fault state, spouses have the right to cite irreconcilable differences or separation for at least 18 months as the grounds for divorce. In this case, neither spouse is responsible for the demise of the marriage. However, spouses do still have the option to state fault grounds. This can include adultery, abandonment, incarceration, physical cruelty or mental cruelty.
When the jurisdiction is granted and the grounds for the divorce are established, the complaint for divorce can be drafted. This will start the divorce process for the couple. During a trial, a judge will decide on final decisions such as custody arrangements, alimony and the division of assets if this is needed. However, couples can instead undergo mediation.
Mediation is a process where both spouses meet with a neutral third party. At these meetings, the spouses can discuss important issues where they decide upon a resolution. The mediator is there to guide them along this process. However, if the process is not continuing on as they wish, either spouse has the opportunity to end it at any time. They can then pursue a contested divorce where they may have to go through court proceedings.
Divorce is a difficult time in anyone’s life. To best ensure your future, contact our attorneys. They can help you through the process, whether it is contested or uncontested.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.