Ending a marriage is one of the most significant legal decisions a person can make. Understandably, the divorce process involves multiple steps, from filing initial paperwork to finalizing the separation of assets and responsibilities. While each case varies based on individual circumstances, knowing what to expect can help people prepare for what lies ahead. New Jersey has specific requirements and procedures that govern how marriages are legally dissolved, and becoming familiar with these steps can make the experience less overwhelming.
What Are the Residency Requirements for Filing?
Before filing for divorce in New Jersey, at least one spouse must have lived in the state for a minimum of 12 consecutive months. This residency requirement establishes the court’s jurisdiction over the case. However, if the grounds for divorce occurred in New Jersey and both spouses currently live in the state, the 12-month requirement may be waived. Meeting these conditions is necessary before any legal proceedings can begin.
What Grounds Can Be Used to File for Divorce?
New Jersey allows both fault-based and no-fault grounds for divorce. “No-fault” divorces cite irreconcilable differences or separation for at least 18 consecutive months while living apart. “Fault-based” grounds include adultery, desertion, addiction, imprisonment, and other specific circumstances. Most people choose no-fault options because they typically proceed more quickly and require less proof than fault-based cases, which often involve additional litigation.
How Does the Filing Process Begin?
The divorce process starts when one spouse files a Complaint for Divorce with the Superior Court in the county where either spouse resides. This document outlines the grounds for divorce and requests specific relief, such as property division or custody arrangements. After filing, the other spouse must be served with the complaint and has 35 days to file an answer. Once both parties have responded, the case moves forward to the discovery phase.
What Happens During the Discovery Phase?
“Discovery” allows both spouses to gather information about finances, property, and other relevant matters. This phase includes exchanging financial statements, tax returns, bank records, and other documentation; depositions may be conducted where lawyers question the parties under oath. Discovery helps both sides prepare their cases and often reveals information that leads to settlement discussions rather than trial, as transparency encourages negotiation.
Are There Alternatives to Going to Trial?
Most divorces are resolved without trial through mediation or settlement negotiations. “Mediation” involves a neutral third party who helps spouses reach agreements on contested issues like property division, child custody, and support payments. This approach is often faster and less expensive than litigation. If mediation succeeds, the agreement is submitted to the court for approval. When “settlement” is not possible, the case proceeds to trial, where a judge makes the final decisions.
What Role Does the Final Hearing Play?
The “final hearing” is the last step in the divorce process, where a judge reviews all agreements or makes final decisions on disputed matters. During this hearing, both parties may testify and present evidence supporting their positions. If a settlement was reached, the judge reviews the terms to confirm they are fair and legally sound. After hearing all information, the judge issues a “Final Judgment of Divorce,” which officially dissolves the marriage and becomes legally binding once signed and entered into court records.
Our Experienced Whitehouse Divorce Lawyers at Tune Law Group, LLC Are Ready to Guide You Through the Divorce Process
Our Whitehouse divorce lawyers at Tune Law Group, LLC can explain the divorce process to you in more detail and can explain your options. For a free consultation, call us today at 908-434-1061 or complete our online form. Located in Whitehouse Station, New Jersey, we proudly serve clients in the surrounding areas.