Anyone in the Garden State who wants to end their marriage on their own terms must immediately consult with a New Jersey divorce lawyer before taking any further steps. This is an equitable distribution state, which means the circumstances of the case make a lot of difference. The time it takes to get divorced also differs based on the cause cited for the split.
Assets being distributed equitably does not mean both spouses get equal shares. Rather, each party gets to keep their own earnings and whatever they had before their marriage. The NJ Superior Court judge who presides over cases filed in the family division has a lot of latitude to decide who gets how much.
To start with, this is a mixed state where divorces may be granted as no-fault or fault. The former means that one or both spouses may file papers for ending the marriage without having to provide a reason. This requires an 18-month separation before the petition is accepted, even if it is uncontested.
No doubt hiring a lawyer is the smart thing to do, if only to ensure that the paperwork has no errors. But it's also extremely helpful when the parties are looking for faster approval. There are quite a few reasons that will bring down the waiting period sharply.
For instance, if there's any adultery involved, the filing may be accomplished and approved instantly, with no separation required. If desertion is cited as the cause, the wait period is reduced to 12 months. For cases involving extreme cruelty, there only needs to be a separation of three months.
The simple fact is that if a spouse files for divorce in New Jersey, the other spouse would be well served by hiring a lawyer. The response petition will ensure that a default judgment is not awarded, and the settlement won't be on the other party's terms. A failed marriage is a messy and painful thing to deal with, but it can be a lot less painful if it is finalized quickly and fairly as per state laws.
Assets being distributed equitably does not mean both spouses get equal shares. Rather, each party gets to keep their own earnings and whatever they had before their marriage. The NJ Superior Court judge who presides over cases filed in the family division has a lot of latitude to decide who gets how much.
To start with, this is a mixed state where divorces may be granted as no-fault or fault. The former means that one or both spouses may file papers for ending the marriage without having to provide a reason. This requires an 18-month separation before the petition is accepted, even if it is uncontested.
No doubt hiring a lawyer is the smart thing to do, if only to ensure that the paperwork has no errors. But it's also extremely helpful when the parties are looking for faster approval. There are quite a few reasons that will bring down the waiting period sharply.
For instance, if there's any adultery involved, the filing may be accomplished and approved instantly, with no separation required. If desertion is cited as the cause, the wait period is reduced to 12 months. For cases involving extreme cruelty, there only needs to be a separation of three months.
The simple fact is that if a spouse files for divorce in New Jersey, the other spouse would be well served by hiring a lawyer. The response petition will ensure that a default judgment is not awarded, and the settlement won't be on the other party's terms. A failed marriage is a messy and painful thing to deal with, but it can be a lot less painful if it is finalized quickly and fairly as per state laws.
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