How to Prepare for a Divorce in New Jersey
Preparing for a divorce can be a time-consuming and emotionally taxing process. In the midst of coping with this significant life event, you'll have to accomplish the necessary steps to ensure your divorce process goes as smoothly as possible. A New Jersey divorce lawyer can assist you with complying with New Jersey divorce procedure; however, you will still have to do much of the preparation yourself. This includes ensuring that you meet state requirements to file for divorce in New Jersey as well as gathering all relevant documents to support your case.
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Instructions
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Separate from your spouse for 18 months. In New Jersey, if you and your spouse have been separated for 18 months and you both agree to the terms of divorce, you can avoid the lengthy and costly divorce trial process. However, if you do not wish to separate for 18 months or you do not agree on the terms of the divorce, you will have to go through the usual proceedings.
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Ensure that you meet New Jersey's residency requirements prior to filing for divorce. The state requires that the party filing for divorce must have lived in New Jersey for at least one year.
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Contact a licensed New Jersey divorce attorney, especially if you and your current spouse share custody of minor children. The attorney can represent you throughout the divorce proceeding, filing any necessary forms, such as motions, with the proper family court. In addition, the attorney may be able to provide you with tailored advice based on the particulars of your circumstances. The New Jersey State Bar Association can assist you with locating a licensed attorney.
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Determine which grounds for divorce you plan to cite in court documents. The New Jersey court recognizes specific grounds for a divorce: adultery, desertion for at least a year, drug or alcohol addiction, institutionalization for mental illness for two years or more continuously, extreme cruelty, deviant sexual behavior and imprisonment for up to 18 months.
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Gather evidence to support your grounds for divorce. For example, if you cite extreme cruelty as your grounds for divorce, gather any medical records, photographs or police reports that support your spouse's physical or mental abuse. Although such documentation isn't absolutely necessary for a court to grant your divorce request, it may help expedite the process.
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Gather records pertaining to your financial information, including your personal and joint finances. During your divorce, you will have to submit forms that attest to your assets and liabilities. By gathering these documents in advance, you will save time and money. Relevant documents include pay stubs, tax returns, bank statements, brokerage account statements, car titles, property deeds and retirement account statements.
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Gather any documentation relevant to children currently under your and your spouse's shared custody. This includes birth certificates and any other supporting documents that show you are the legal guardian of the children.
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