Ending a marriage is a life-altering decision. What was once considered familiar will soon become complicated and you will be faced with many difficult obstacles. Filing, proving fault (if fault-based), and lifestyle negotiations between you and your ex-spouse are just some of the obstacles of divorce that will need to be overcome. Dealing with these tasks and your own emotional angst; while also trying to work and take care of your children, can be extremely overwhelming. Educating yourself and enlisting the help of a seasoned legal professional can alleviate some of the burden. Here are some key items to remember when considering filing for divorce:
Before Filing For Divorce
Filing for divorce can be a long and confusing process if you are unfamiliar with the standard divorce proceedings and New Jersey divorce laws. There are many things to take into consideration and pre-divorce requirements that must be met to ensure the courts will find your divorce complaint judicially sound.
- To file for divorce in Freehold, you, your spouse, or both must have lived in New Jersey for at least one year at the time the complaint is filed.
- If you are filing on the grounds of no-fault, based upon a separation for 18 months, the New Jersey residency requirement is also one year.
- If the grounds for your divorce is adultery, you may file immediately without living in New Jersey for a year.
Once you have adhered to the above residency requirements, you are free to file for divorce. However, it is in your best interest to speak with a legal professional before filing, so that you can be sure you have filed correctly. There are several “grounds for divorce” in the state of New Jersey and you must determine your grounds before filing.
Some grounds for divorce in New Jersey include:
- Irreconcilable Differences;
- No-Fault: Separation for 18 Consecutive Months (must be living in separate residences)
- Institutionalization for Mental Illness for at Least 24 Consecutive Months
- Deviant Sexual Conduct;
- Imprisonment for at Least 18 Months;
- Adultery (no time limit)
- Willful and Continued Desertion for at least 12 months;
- Habitual Drunkenness or Addiction;
- Extreme Cruelty, Either Bodily or Mental.
How A Freehold Divorce Attorney Can Help
Once you’ve educated yourself thoroughly and feel comfortable filing, it is in your best interest to seek out the guidance of an experienced Freehold divorce lawyer. He/she will listen to your situation, advise you on filing and which grounds to file for, ensure the proper paperwork and documentation is submitted, and then create a customized plan of action to achieve favorable results. They can also assist you during difficult negotiations (child custody, alimony, property division, etc.) with your former spouse. Divorces tend to bring out the worst in people and if mutual agreements cannot be made, your divorce attorney will be prepared to take your case to court and fight for your divorce terms to be mandated.
In your time of need, let the legal professionals at Thomas & Krail Lawyers lend a compassionate and helping hand. Their skilled divorce attorneys will guide you every step of the way and will fight to achieve the best results for you and your family. If you are considering filing for divorce in New Jersey, contact Thomas & Krail, LLC today.