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Do I have to claim a fault ground for divorce?

Divorce can be a difficult process for couples to go through. They may have been together for many years, which made coming to this decision even more difficult. They may have a family that they have started together. When children are involved in these matters, the situation can become even more sensitive. Filing for divorce allows couples to cite a fault ground. Spouses have the option to cite fault grounds that can include adultery, abandonment, incarceration, physical cruelty or mental cruelty. In New Jersey, couples have the option of filing for divorce without claiming a fault ground as well. Fault grounds usually include the fault of one party as the reason for the decision to get a divorce. However, New Jersey gives spouses the option to cite irreconcilable differences or separation for at least 18 months as the grounds for divorce. By citing this ground, neither spouse has the fault placed on them for the breakdown of their marriage.

Are their requirements before getting a divorce?

Before filing for divorce, couples should make sure they are sure of their decision. This can be difficult to come to. Each spouse should consult with a divorce attorney to get the most information possible and to receive good advice. If couples decide to go through with a divorce, there are requirements that need to be met before filing for this process. Couples will have to meet the residency requirement to decide which court has jurisdiction over their divorce case. This requires that the spouses have lived in New Jersey for longer than a year before a court may take on the case as a divorce.

Once the jurisdiction is granted  to a specific court and the grounds for the divorce are established for the case, the complaint for divorce can be drafted. This will start the divorce process for the spouses involved in the marriage. 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 where they are able to make decisions on their marital issues instead.

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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