Divorce Guide

Divorce Guide

Getting New Jersey Divorce

For getting New Jersey divorce, one must follow the laws governing divorce. This is necessary to make the divorce process move smoothly. If you are finding difficulty in handling your divorce alone, then consult a good lawyer.

Residential Requirements:

For filing a divorce in New Jersey, either of the spouses is required to be a resident of the state for a minimum period of one year prior to beginning of divorce. Divorce can be filed in the petitioner’s county of residence. If the petitioner was a non resident of the state at the time of the cause of action, filing can be conducted in the county where the defendant resides.

Grounds for Divorce in New Jersey:

Divorce grounds in New Jersey include desertion for one year or more, inhuman and cruel behavior, adultery, addiction towards drugs and alcohol for more than one year, institutionalization due to mental instability for a period not less than 2 years, deviant sexual conduct, and uninterrupted imprisonment of the respondent for at least 18 months after the marriage.

The only no-fault ground for getting New Jersey divorce is “irreconcilable breakdown” of marriage union. Spouses must live apart for one and a half year in order to attain the same.

Filing for Divorce in New Jersey

  • Filing for divorce in this state requires some knowledge about the divorce laws. This is a legal process and any type of mistake can lead to loss of time and money.
  • Forms and documents required for divorce depends on the type of divorce a couple is undergoing. If the divorce is uncontested and children are not involved, the requirements will be different from those undergoing a contested divorce with fault grounds.
  • For Getting New Jersey divorce, the primary document required is the Divorce Complaint. Specific information like names and complete address of both parties, detailed information about children (if any), reasons and facts related to divorce must be included in this complaint.
  • Make the summons. Your spouse must be notified that a divorce has been filed by you. This summons is needed to be served on your spouse. You can take professional help for serving by hiring a sheriff or a professional server. Summons can also be served personally by you or through a certified mail. Remember you are required to produce a proof of this service in the court. In case you don’t know where your spouse is located, seek permission from the court to serve your spouse through publication in a newspaper.
  • Filing of Divorce Complaint must occur in the county courthouse where either of you reside. You are also required to pay a certain amount as a filing fee in the courthouse. It is necessary to take a parenting education seminar for couples having children from their marriage. This also requires payment of fee.
  • Once the fees are paid, file your forms and documents with your county court clerk.

For getting New Jersey divorce, ensure that all requirements and paperwork are met as per the divorce laws. If required, take the help of an attorney as a single error can lead to rejection of your papers and you have to start the process all over again.

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