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Divorce Process in New Jersey | What You Need to Know

If you are getting divorced, you likely have a lot of questions. After all, the concept of divorce is clear, but the path to a finalized divorce may seem vaguer. Read on to learn more about the divorce process in New Jersey.

How do I begin the divorce process?

  • Ensure you meet the residency requirements
    • The first step of the process will be ensuring that you meet the residency requirements in New Jersey. In order to file for divorce in New Jersey, you or your spouse must have been a New Jersey resident for at least one year prior to filing for divorce.
  • Determine grounds
    • The next step will be to determine the grounds for your divorce. New Jersey is a no-fault state, which means you can simply cite irreconcilable differences or separation of 18 months or more. This is often the simplest option, however, you can also cite the following fault grounds: desertion, extreme cruelty, deviant sexual conduct, addiction, adultery, and institutionalization for mental illness.
  • File complaint
    • Your spouse will be served with divorce papers.

What are the next steps?

The next steps of the process will generally depend upon the path you choose to take. For example, some couples get divorced through the court, while others will go through alternative methods, such as mediation, arbitration, etc. Depending on the route you take, your process may involve:

  • Case management conference
    • This will involve a judge analyzing all divorce-related matters, including contested issues in your divorce, the pre-trial discovery process, a potential Early Settlement Panel date, your selection of expert witnesses, whether child custody and parenting time are disputed, and more.
  • Early settlement panel
    • If you have outstanding matters in your divorce, you may be referred to an early settlement panel. Here, experienced attorneys will advise you on matters of your divorce. If you do not choose to take their advice, you may have to settle the rest of these decisions through litigation, arbitration, collaborative divorce, or mediation.
  • Final judgement of divorce
    • Once all matters of your divorce are settled, the court will issue you a final judgment of divorce, which will complete the process.

If you are getting divorced in New Jersey, you will need an experienced attorney to walk you through the process. Contact our firm to discuss your case today.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, contact Haber Silver Russoniello & Dunn today to schedule a consultation.

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