When you are unhappy in your marriage and considering leaving it, you may be wondering what is needed to move forward with a divorce. There are several steps involved in the divorce process. Filing a divorce complaint starts the legal proceedings. But even before you file, there are important things to consider to begin divorce, including getting prepared and retaining the assistance of a good New Jersey divorce lawyer.
Get Legal Help Before Moving Forward
Sometimes people do not believe they need an attorney for their divorce. If you and your spouse have few assets, are childless, and are in absolute agreement on everything, this may be true. However, you never know when agreement will turn to disagreement—even conflict on a single issue can undermine what started out to be a very smooth parting of the ways. If this happens, your attorney will be there to help get things moving forward again. And even if you are completely agreeable and draft a settlement between yourselves, you should have an attorney review it to make sure your rights are safeguarded.
For many people, and especially those in high-net-worth marriages, working with a divorce lawyer is essential. Your lawyer will make sure that you understand your rights and your responsibilities throughout the process and that every step is properly undertaken and completed in compliance with the law. Your diligent attorney will guide you in making decisions that are advantageous to your future and will advocate for you to get fair outcomes on issues of property division, child custody and alimony, if that is a concern in your divorce.
Be Prepared Before You File
Once you’ve secured a lawyer, or even before you have, start getting prepared for what is to come. By being prepared, you increase the likelihood of getting satisfactory terms. Here are some things to do:
- Think honestly about your goals in your divorce and what things are most important for you to get. Be realistic and know that you may not get everything you want.
- Inventory all of your assets and debts. Gather documentation related to these items.
- If there are assets that you believe your spouse has no claim on, collect records to prove why, such as your prenuptial agreement or paperwork showing you had the property before marriage. Your attorney will explain to you what is considered separate and marital property in New Jersey and how separate property can become marital if it is intermingled.
- Every situation is different, but it can be beneficial to copy documents before you leave the home, if you are moving out. You want to be sure that you can still get access to records that you need.
If your spouse is amenable to it, you can begin negotiating terms of your divorce even before filing the divorce complaint. While this is not always a possibility, if it is it can reduce stress later on.
File Your Divorce Complaint with the Court
Once you have strategized your divorce approach with your attorney, it is time to file the complaint with the court. You will file in the county where you and/or your spouse live. One of you must have been a resident of New Jersey for at least one year, unless you file on adultery grounds, then the residency requirement is six months.
Choose a Ground for Divorce
In your divorce filing, you will need to give a reason for wishing to divorce. Your reason can be that you have irreconcilable differences, which is the most common filing ground. It is also a no-fault ground, which means you do not have to prove that your spouse did something to cause the breakup of the marriage. Filing on no-fault grounds can make the divorce process smoother and less antagonistic.
With that said, sometimes there are strategic reasons for filing on a fault ground. Fault grounds, as described in N.J.S.A. 2A:34-2, include the following:
- Adultery
- Desertion
- Extreme physical or mental cruelty
- Alcohol or drug addiction
- Institutionalization for mental illness
- Imprisonment
- Deviant sexual conduct.
Once your divorce lawyer is familiar with your particular situation, they can counsel you about whether there is an advantage to filing on a fault ground. If you do file on a fault ground, you will have to provide evidence of the issue.
Serve Your Spouse with the Complaint
You have to serve your spouse with the divorce complaint within 60 days of filing. Service can be done by a paid professional process server or by local county law enforcement. You will show the court proof that your spouse was served. Once served, your spouse has 35 days to respond to the complaint.
Resolving Issues of Divorce
There are two general ways to divorce. You can negotiate an agreement on all the issues between yourselves for the court to approve. Or, if this is impossible, you can go to court where a judge will make decisions for you,
Ideally, you can come to agreement with the help of your respective legal representatives. Sometimes mediation can help couples reach settlement agreements. When you can reach a settlement, it allows you and your spouse to retain control over the decisions. It also keeps your issues private.
If you cannot agree on the issues, your divorce is contested and will be resolved in a hearing or trial.
In either case, you should expect your divorce attorney to work diligently to protect your rights and interests.
Contact an Accomplished New Jersey Lawyer for Guidance in Moving Forward with Your Divorce
Our experienced attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers are dedicated to educating clients about what is needed to move forward with divorce and guiding them through every step in the process. We have decades of combined experience practicing exclusively in family law and divorce in New Jersey and have a long track record of helping clients achieve positive outcomes in issues of property division, alimony and children’s concerns.
Call (201) 880-9770 today to arrange a confidential consultation with a lawyer who will have your back through every phase of this life-altering journey.
