Answers To Frequently Asked Questions About Family Law
South Jersey Divorce Solutions is pleased to answer your questions about divorce and how our comprehensive legal services can help you. We believe in doing all we can to help our clients make the best-informed decisions possible about their lives and futures. Browse these commonly asked questions about divorce in New Jersey to become better informed. Then, contact us to schedule a consultation for more detailed answers and divorce solutions.
When Can I File for Divorce in New Jersey?
The “fault-based” causes of action (grounds) are:
- Adultery
- Willful and continued desertion for a period of 12 months
- Extreme cruelty
- Addiction or habitual abuse of narcotics or habitual drunkenness for a period of 12 months
- Institutionalization for mental illness for a period of 24 months
- Imprisonment for a period of 18 consecutive months
- Deviant sexual behavior
Fault-based divorce requires court hearings and litigation to settle differences and reach agreements on support, child custody, asset divisions, and other matters. It can be quite lengthy and costly.
Does New Jersey Allow “No-Fault” Divorces?
Yes. New Jersey has two “no-fault” divorce options: irreconcilable differences and 18-month separation. Most clients choose a no-fault divorce because it doesn’t require either party to be blamed for destroying the marriage, nor does one spouse prove their allegations about the other spouse’s fault. Often, the court will grant a “default divorce” without a court hearing.
How Long Does a Divorce Take?
Each case is unique, and many factors can add to the resolution’s complexity and time. Options like divorce mediation, collaborative divorce, and uncontested divorce are generally faster than litigation, but the timeline depends on how well you and your spouse work at resolving your issues. These options can take as little as a few months. When going through the courts, the average timeframe depends on the County. NJ “best practices” state that trial dates should be scheduled within one year of filing the Complaint for Divorce. To get a trial date may take anywhere from one year to several years, depending on the County. Depending on where you live, it could be longer, especially if a trial is required to settle disagreements.
Do I Need a Lawyer to Get a Divorce in New Jersey?
New Jersey law does not require you to have a lawyer when getting a divorce. However, if you choose to handle things yourself, you’ll be held to the same standards as a lawyer, especially in a court hearing. If you decide to represent yourself, we can provide limited legal support, including counseling on court appearances, document preparation, and research.
Hiring an attorney to handle your divorce is often the best option. South Jersey Divorce Solutions provides mediation, collaborative divorce, negotiated settlements, uncontested divorce, and litigation services. These options can significantly impact the outcome of your legal proceedings.
How Much Does a Divorce Cost?
Navigating divorce costs can be complex and varies from case to case. Your ability to cooperate with your spouse and work together throughout the process can significantly impact the overall expenses. South Jersey Divorce Solutions provides guidance on strategies to reduce some financial burdens associated with divorce, including uncontested and no-fault divorce.
My Spouse Has Already Filed for Divorce. What Do I Do Now?
It is crucial to seek immediate legal advice and arrange a consultation with a lawyer to explore all available options for your next steps. Time is of the essence as there are time limitations for acting. You typically have just over a month to respond to the divorce complaint, or the court may grant a no-fault divorce if they do not hear from you.
How Do I Know It’s Time to File for a Divorce?
The decision to proceed with a divorce is complex and should be based on the specific circumstances of your case. Waiting may be beneficial if it seems possible to resolve the matter amicably without involving the court. However, certain situations may require immediate action. It’s essential to have open communication with your attorney to consider the best course of action for filing.
Should I File a Divorce Complaint Immediately?
If spouses proceed through mediation, they may choose to wait until they have reached an agreement to file a Complaint. If they are proceeding with a collaborative divorce, they are precluded from litigating while in the collaborative divorce process.
Can I Back Out of Litigation and Opt for Mediation or Collaborative Divorce?
If you are already in a court divorce and want to see if you can resolve it amicably, you can attend mediation. The courts do have some mediation programs or you can choose to attend private mediation. You may also abandon the litigation process to attempt collaborative divorce, but you must withdraw your pleading from the court.
Experienced New Jersey Divorce Lawyers
Do you have more questions? Contact us today for answers. Call South Jersey Divorce Solutions at (856)733-0229 or contact us online to schedule a confidential consultation in Merchantville, Camden County, New Jersey.