In some divorces, the separating spouses move through the scaffolded divorce proceedings without conflict, either overseen by a New Jersey Superior Court: Family Part judge or a private divorce mediator. Swift navigation of this process requires the active participation and respect of each party. However, such a dynamic between exes is not always available. Whether you and your ex are on good terms or have had a shakier fallout, knowing the court-ordered procedure for divorce in New Jersey is essential to ensuring that all of your procedural rights are met, and you receive your fair share of marital assets in the split. Read on to learn about the divorce process in New Jersey, and enter the process informed and empowered.
New Jersey law regards several legal grounds for the separation of a married couple. To ultimately receive the judgment of divorce, at least one of these grounds must be met. The first four listed are the four main grounds for divorce; additionally, desertion, habitual drunkenness, and incarceration may be considered by a judge to file for divorce.
The grounds for divorce in New Jersey include
In New Jersey, if a couple has lived separately for at least 18 months, one or both may file for divorce, stating the grounds of separation. Separation is also a grounds for “no-fault” divorce.
Someone who has cheated on their spouse has committed adultery in the eyes of the New Jersey court of law. As such, a partner may file for divorce on the grounds of adultery, which will likely affect the division of marital assets more so than a divorce on the grounds of irreconcilable differences.
Like adultery, a divorce complaint filed on the grounds of extreme cruelty will likely have a substantial effect on how marital assets are divided in the divorce.
If a spouse can show that their partner has not been physically intimate with them for at least a year, they can file for divorce on the grounds of desertion. This may or may not affect how marital assets are split unless adultery is also submitted as a grounds for divorce.
When one or both parties in marriage determines that one of the above grounds for divorce applies, they must file a complaint about divorce with the Superior Court: Family Part. Once the divorce complaint has been filed, and the other spouse has received a copy of the complaint, they have the legal authority to file an answer. In this answer, they may contest any portion of the complaint. They may also ask that the court oversee the handling of disputes, particularly regarding how marital assets are to be divided.
If a couple cannot resolve disputes regarding the divorce, they may be referred to an Early Settlement Panel, whose role it is to support divorce negotiation. If this is still unsuccessful, the couple will have to go to court to settle their divorce. This greatly amplifies the time and expense required to complete the divorce settlement.
At Family Law attorney Peter J. Bronzino, our experienced team of family law attorneys supports clients across New Jersey and Ocean County, including Point Pleasant, Toms River, Spring Lake, Sea Girt, Jackson, Wall, and Brick in all matters of the divorce settlement and child support and custody arrangement.
To meet with a member of our team today to discuss your divorce process. If you need professional advice, please contact our family law attorney Peter Bronzino online or through our Brick, NJ office at (732) 812-3102. We are here to help you.