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Understanding the New Jersey Divorce Process
It’s possible you’ve heard plenty of stories from other people about the New Jersey divorce process. And maybe you’re thinking you have a pretty good idea how things are likely to work out for you in a divorce proceeding, too. But there are too many areas where your circumstances may differ from others, and your story may lead to a completely different outcome.
Sometimes couples in New Jersey think that the only issue may be child custody if there are children involved in the divorce. But many other issues become important in the course of a divorce, either in a formal mediation process or eventually in court. Here are some examples you might want to consider now:
Once you get into the financial disclosures required as part of the divorce process you will undoubtedly have many questions and you will want good answers in order to maximize your final outcome.
The Family Court system in New Jersey is designed to encourage settlement out of court, to reduce the time and the cost of litigation. And a Collaborative Divorce Team of professionals may be another alternative for couples who are basically in agreement and truly wish to cooperate throughout the process of their divorce.
Legally, since 2007, there is no longer a necessity to prove the other party is at fault in order to file for divorce in New Jersey. While you can state a cause, such as adultery, desertion, extreme cruelty, separation, drug addiction, habitual drunkenness, institutionalization, imprisonment or deviant sexual conduct, all you really need to show is a breakdown of the marriage over the last six months due to “irreconcilable differences,” with no prospect of reconciliation.
Changes to court orders, after your divorce is final and then circumstances change financially or for other reasons, you will usually be required to present modified documents to the court for a judge to sign.
Having a trusted family lawyer to help you throughout the divorce process, from beginning to end and even afterwards, can bring you confidence and your best results in or out of court.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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