A Summary of the Legal Process of Divorce in New Jersey
Ending a marriage is painful, but developing an understanding of the process relieves the stress. New Jersey still employs a system allowing divorces to proceed on fault grounds.
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Filing the Initial Complaint
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Filing a petition with the court asking for a divorce, called a complaint, represents the first step in the legal process. To file for a divorce in New Jersey, you or your spouse must be a New Jersey resident. State law allows litigants to file for divorce without an attorney, but attorneys have a thorough understanding of the process and protect a client's rights under the law.
Grounds for Divorce
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New Jersey has two sets of rules for divorces: fault and no-fault. For a no-fault divorce, a couple must mutually agree to separate and then live apart for 18 months. Fault grounds include insanity, adultery and habitual drunkenness. If your spouse does not consent to a mutual separation, grounds for divorce must be proven in court.
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Assets, Liabilities and Child Custody
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After the court determines that a divorce is warranted, the court divides the marital assets and liabilities. The division depends on the earning potential of the parties, the fault assessed by the court and the financial choices made during the marriage. The court also enters rulings regarding child custody.
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References
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