Divorce
Divorce
Divorce laws in New Jersey allow for both fault and no-fault divorces. To file for divorce in New Jersey, at least one spouse must have been a resident of the state for at least one year before filing. The following is a general overview of the divorce process in New Jersey:
Grounds for Divorce
In New Jersey, you can file for a no-fault divorce if you have been living separately for at least 18 months, or if you can demonstrate irreconcilable differences. You can also file for a fault-based divorce if your spouse has committed adultery, deserted you for at least 12 months, been imprisoned for at least 18 months, or has engaged in extreme cruelty.
Filing the Complaint
To begin the divorce process, the spouse initiating the divorce (the plaintiff) must file a complaint with the appropriate court. The complaint will include the grounds for divorce, and the relief being sought.
Service of Process
Once the complaint has been filed, the plaintiff must serve a copy of the complaint and summons to the other spouse (the defendant). The defendant then has 35 days to file a response.
Discovery
Once the complaint has been served, both parties may begin the process of discovery. This involves gathering and exchanging information relevant to the divorce, such as financial records, property valuations, and witness statements.
Settlement or Trial
If the parties are able to come to an agreement on all issues, a settlement agreement will be drafted and submitted to the court for approval. If the parties are unable to reach an agreement, the case will proceed to trial, where a judge will make a final determination on all issues.
Final Judgment of Divorce:
Once all issues have been resolved, a final judgment of divorce will be entered. This will include provisions for child custody and support, division of assets and debts, and any other matters that were addressed during the divorce process.
Whether you are pursuing a basic divorce or are going through a contested divorce, having an attorney to advocate for your interests can be beneficial. At the Law Office of Steven H. Wolff, we have experience helping clients with
Contested Divorce
In an uncontested divorce, spouses come together in an attempt to civilly negotiate the terms of their separation out of Court. This is not always possible, however, as hot-button issues such as child custody and debt distribution and high net worth asset division can cause tensions to flare and make it difficult for divorcing spouses to see eye to eye. Once both sides have had a change to present their arguments, a judge will issue a final decision that is enforceable by law. Either spouses can seek a modification to this order after a certain amount of time has passed or in the event of a considerable change in circumstances from the time the order was first issued.
Retirement accounts
How will my retirement account be handled in a divorce? If you or your spouse accumulated retirement accounts and divorce is on the horizon then unless exceptions apply. New Jersey law requires a division of the assets which include retirement accounts, such as IRAs, Simplified Employee Pension Plans and 401(k) savings accounts. At the Law Office of Steven H. Wolff, we understand our clients' need for their retirement accounts in a divorce can make us feel like our long-term security is in jeopardy. Therefore , we ensure that you are getting the utmost attention and high level of care to ensure that assets are preserved.
Settlement and separation agreement
Here at the Law Office of Steven H. Wolff, we deal with property division issues, on a regular basis. Separation agreements are generally entered into by two parties that are married, but separated. A separation agreement is a contract between a married couple that deals with a variety of issues inherent in the divorce process, most especially the division of property.
Post-divorce disputes
If an issue arises after a divorce has been entered, this is called "post divorce dispute." Some of the most common issues involve the payment of college expenses, recalculations of child support and emancipation of children, as well as modifications of maintenance. New Jersey has specific legal standards that relate to each of these issues, and we can help you inform you of the law that relates to your-post judgment issue.
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