What Are The Legal Requirements to Get a Divorce in NJ?

When you’re considering filing for divorce, it’s important to understand that there are legal requirements in place that you must meet to successfully file. If you are unsure what the requirements are and whether or not you meet them, you’ll want to keep reading. The following blog explores the eligibility requirements and the kinds of divorce you can expect when you file. You will also learn the importance of connecting with a Morris County divorce lawyer.

What Legal Requirements Must I Meet to Get Divorced in NJ?

In New Jersey, it’s important to understand that there are some requirements in place if you wish to file for divorce. Typically, you’ll find that the first consideration you must make is whether or not you meet the residency requirement. Essentially, this states that you or your spouse must be a New Jersey resident for at least one year before filing for divorce. The only exception to this rule is if you are filing on the grounds of adultery, in which case the residency requirement is waived so long as you currently live in the state.

It’s also important to note that New Jersey still grants at-fault divorces. This means you’ll have to prove wrongdoing on behalf of your spouse for the divorce to occur, and some reasons have additional waiting periods. For example, if you file on grounds of abandonment or habitual drunkenness, you’ll need to show that it lasted for at least twelve months. Filing an at-fault divorce typically does not have a considerable impact on the outcome of your divorce.

If you wish to pursue a no-fault divorce, however, and cite irreconcilable differences, you must show that the breakdown occurred over six months.

What Are the Different Kinds of Divorce?

In addition to understanding the legal requirements you must meet before you are eligible to file for divorce, it’s in your best interest to understand the different kinds of divorce you can anticipate. Generally, you’ll find that the dissolution of your marriage will either be contested or uncontested. If your divorce is uncontested, it means that you and your spouse have agreed on all terms and conditions, therefore the courts do not need to make these decisions for you.

If you and your spouse are unable to agree on any matter, from alimony and property division to custody and child support, it is considered a contested divorce. The court must intervene and help settle the disputed issues.

Going through a divorce can be an incredibly complicated matter. Not only is this an emotionally complex time, but it is also a confusing legal issue. As such, working with an experienced attorney is in your best interest. At Haber Silver Russoniello & Dunn, we understand the toll that a divorce can take on your life, which is why we will do everything possible to help you fight for the best possible outcome. Contact us today to discuss your circumstances with a member of our firm today.