What Is the First Step of the Divorce Process in NJ?

When you and your spouse decide to divorce, it’s important to understand how this process works. Though you may be blaming your spouse, this can be an emotional time making it important to stay objective. If you are ready to file, understanding what you must know about these matters is critical. The following blog explores the first step you’ll need to take and why it’s imperative to connect with a Morris County divorce lawyer who can assist you through these complex matters.

Is There Anything I Need to Know Before Filing?

Before you can file for divorce, you should familiarize yourself with the requirements to file. Generally, the only requirements you must meet revolve around residency. To file for divorce in New Jersey, you or your spouse must be a resident of the state for one year before you are eligible.

Generally, the only exception to this requirement is adultery. This is due to the fact that New Jersey still accepts fault-grounds for divorce. As such, you will be able to file for divorce regardless of how long you have resided in the state if your spouse committed adultery. In other instances, if you are a military member who is stationed in the state, you may be able to petition the court for a waiver of this requirement.

When I’m Ready to File, What Is the First Step to Get a Divorce?

When you are ready to file for divorce, understanding what step you must first take is critical. Generally, you will file a divorce complaint and summons through the court. The petition includes information about your divorce, such as who the parties are, what financial matters you would like handled, and any information regarding child custody. The summons informs your spouse that you have chosen to file and provides a date by which they must respond to the petition. If they do not respond, you may be able to pursue a default judgment in which the court grants you the terms and conditions you requested.

While filing a complaint and summons is generally one of the first legal steps in the divorce process, you’ll find that the most important first step in this process is to connect with an experienced attorney who can help guide you through getting a divorce. Though you legally do not have to have an attorney, it is in your best interest to obtain legal representation. Not only can an attorney help you navigate the legal complexities of this matter, but they can also ensure you achieve the best possible outcome for your circumstances.

If you’ve decided to file for divorce, our team is ready to help. At Haber Silver Russoniello & Dunn, our dedicated legal team will do everything in our power to assist you through these complex matters. Contact us today to learn how we can help you through this emotional time.