new jersey divorce process

Though no two divorces are exactly the same, there are certain steps that, by law, must be completed for every divorce in the state of New Jersey. Whether you have already made the decision that you are going to end your marriage, have just been notified by your spouse that they are filing for divorce, or simply want to start gathering information because you are considering the idea of divorce, the more you know about the steps in the New Jersey divorce process, the more control you will feel you have over the situation. The attorneys at Reinherz & Reinherz understand that divorce is an emotional and confusing process, and we are here to help. Call us to set up a consultation to learn more about our philosophy, and how we can help.

The state of New Jersey requires that at least one member of a couple filing for divorce in the state has been a resident for at least twelve consecutive months before the filing. You can file for either a no-fault divorce or a fault divorce depending upon your situation. If you file for a no-fault divorce, it can be based upon having lived separately for at least 18 consecutive months before the complaint is filed with no hope for reconciliation or because you agree that you have irreconcilable differences that have been in existence for at least six months. In a fault divorce, you will need to provide proof and testimony about wrongdoing such as cruelty, adultery or desertion. In most divorces where fault is present, the couple still opts for a no-fault divorce filing in order to avoid unnecessary pain and stress.

Divorce is a process that puts an end to an existing legal agreement, and by its very nature, that means that it requires a lot of paperwork. You will need a variety of documents regarding your marriage, your personal information, proof of your residency, information on any children you may have, and any court orders such as adoption papers, child support or custody orders, police reports if there has been domestic violence in the marriage, and financial information such as bank statements, deeds, titles and tax returns. These papers will be used to verify the assets and specifics of the marriage and will be used to facilitate negotiations regarding division of property and debt, alimony and spousal support, child custody and child support, and other items. Complaints will be filed with the court and mediation will be encouraged rather than going to litigation. It is a good idea to know what you hope to accomplish in order to effectively negotiate. The state of New Jersey encourages mediation, and even when a divorcing couple needs to go to court, many issues are usually already resolved. However, if a couple cannot come to terms, then the court will make decisions on each of the issues.

At Reinherz & Reinherz, we believe that every divorce is its own separate journey and we are here to help you through it. Contact us today to learn more about our divorce mediation and New Jersey divorce litigation services.

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