Although marriage is supposed to be a timeless vow, circumstances can and do change quickly. Unfortunately, dissolving a marriage isn’t as simple as “breaking up.” When you or your spouse decides that one or both of you would be happier apart, you will need to file for divorce. During a divorce, you and your spouse will have to confront several important matters, including property division, child custody, parenting time, child support and alimony. Even if your separation has been civil up to this point, consult an experienced divorce attorney in Westwood to represent your interests during legal proceedings. Before you meet with your divorce attorney, have a look at this brief FAQ sheet to find answers to common questions about divorce in NJ.
When Can I File for Divorce?
How long you must wait before filing a divorce complaint depends on the grounds for separation. In NJ, you can file after 6 months of irreconcilable differences and no reasonable prospect of reconciliation. You do not need to be separated for 18 months or more and you do not need to allege extreme cruelty any more.
If your spouse has committed adultery, there is no waiting period for filing for divorce. In cases of extreme cruelty, you may file three months after
the last act of cruelty has occurred. You must wait 12 months after desertion occurs before filing your complaint.
What Does “No Fault” Mean?
New Jersey allows for “no fault” divorce, which simply means that you do not have to prove that the other spouse did anything wrong. You must simply state a reason for the divorce that is recognized by the state. After six months of irreconcilable differences, if there is no prospect of reconciliation you can file for a divorce in NJ.
Do I Need an Attorney?
Although you are not required to have an attorney, you are strongly advised to have professional legal representation. A Bergen County divorce attorney will obviously look after your personal and financial interests during legal proceedings, as well as file all necessary paperwork to ensure that your separation is legal and recognized by the state.