Tag: fault divorce
NJ Divorce Attorneys will guide you if you want to divorce but can’t locate your spouse
There are a myriad of reasons a married couple may choose to separate or one spouse may file for divorce, but things become more complex when one spouse has gone missing.
In an uncontested divorce, both parties are in agreement about the divorce. In this scenario, the exes more or less work together to determine the proper terms of a divorce, such as the separation of assets, appropriate alimony agreement, and child custody arrangement when children are involved. In a contested divorce, the filing spouse’s terms for divorce either do not match the wishes of the other spouse, or the spouse does not want to divorce at all. These types of divorce can be a bit testier, as one can imagine, and the support of a skilled and experienced family law attorney is essential to facilitate this potentially turbulent process.
There is a case in which one spouse would like to file for divorce, but they cannot find their ex to serve them the paperwork. This situation constitutes a type of uncontested divorce that requires a specific procedure to move through the entirety of the divorce in the absence of the other.
What is the difference between a no-fault and an at-fault divorce in Lakewood?
There are two main categories of divorce in New Jersey, and either of them can be filed in the presence or absence of one of the spouses.
No-fault divorce is legal separation due to no fault of either of the spouses — it is divorce because of “irreconcilable differences.” In this case, neither of the spouses needs to prove that the other did something specifically wrong that would cause the divorce. It is a relatively cleaner way to end legal matrimony without there needing to be a public record of the horrible things one or the other spouse did. A spouse may move forward with a no-fault divorce given that the couple meets specific requirements, such as the fact that irreconcilable differences have been ongoing for at least half of a year, leading to the disintegration of the marriage that cannot be reconciled; and that the couple has both lived in New Jersey for the full year before the divorce filing.
A spouse can also file a no-fault divorce on the grounds of separation, in which the couple has lived separately for at least 18 months, and there is no possibility of reconciliation.
A fault divorce in New Jersey is filed on the grounds that one spouse committed an act that went against the sanctity of the matrimony and led to divorce; such a divorce claim would very likely affect the division of assets, financial spousal support, and custody determination. Reasons for fault in a divorce include adultery, long-term (12 months) abandonment, domestic abuse, or drug addiction.
What is a divorce by default, Lavallette NJ?
In either of the no-fault cases and the fault cases, if the filing spouse cannot locate the partner to serve divorce papers, they can file a divorce by default, specifically by providing Notice of Order by Publication.
If you can prove that you have attempted to serve your spouse with the divorce papers at their last-known address and have been diligent in attempting to locate them, but they are not to be found, you can file for divorce by default. Divorce by default signifies that your ex did not respond to your Complaint for Divorce within the legally allotted period of time.
Specifically, in the case that you cannot locate your ex, this divorce by default takes the form of divorce by Notice of Order by Publication.
Filing for Divorce by Notice of Order by Publication in Toms River
When a spouse can’t be located, the filing spouse can move forward with the divorce proceedings by applying for Divorce by Notice of Order by Publication. This is a legal advertisement in the local newspaper nearest to the last-known whereabouts of the delinquent spouse. The legal advertisement must be published in the local newspaper for at least three weeks, giving the spouse an opportunity to respond to the notice of intent to divorce. This is considered a final notice to the spouse; after three weeks, the legal process of divorce can move forward with an affidavit of marshal service confirming publication of the notice being submitted to the Superior Court: Family Part. At this point, the judge will take into consideration only what is provided by the filing spouse to make determinations regarding the separation of assets, alimony requirements, custody arrangements, and child support payments.
Want to divorce, but your spouse’s location is unsure? Contact our talented attorneys for a free confidential consultation at our Brick office.
If you are seeking to divorce and cannot find your spouse in New Jersey, it is important that you are supported by a family law attorney. If you want to file for divorce by default, we can help.
At Bronzino Law Firm, we have the knowledge and experience you need when divorcing, especially under unusual circumstances, including when your spouse is missing. If you reside in Waretown, Rumson, Belmar, Beach Haven, Point Pleasant, Manchester, and nearby places in Monmouth and Ocean Counties, get the assistance you need by contacting us to discuss your particular divorce case and options.
Call today for legal advice at (732) 812-3102 and schedule a free consultation to go over your options and guide you during the entire process. It will be our pleasure to work in your case and get the best scenario for your situation.
Starting the Divorce Process Attorneys Monmouth and Ocean County NJ
Wanting a divorce and being ready for a divorce are two very different things.
Your marriage is in question and you are facing a real dilemma. You may be the one who is deciding you should stay or go, or you may have been surprised by an announcement by your spouse that the marriage is over. Of course, some couples make a mutual decision to divorce.
One of the most crucial decisions you need to make before filing for divorce is to choose your attorney. You need to know that they are experienced and able to answer all of your questions. You want someone who is intelligent and strategic. You want a lawyer who will negotiate, mediate, and when necessary, argue your position to make sure the result is fair. At Bronzino Law Firm, we have the expertise to help you through this difficult time. Here are some things to consider when choosing your lawyer as you begin divorce.
Most couples who begin a divorce are unprepared and are often not even on the same page when they begin. It is this lack of preparedness that can cause a divorce to deteriorate into a competitive contest. The decision to obtain a divorce is one of the most crucial decisions a person can make with consequences that last for years or a lifetime. Once a couple is prepared and ready, they will sooner be able to begin their divorce by both being on the same page thusly eliminating most of the emotional and financial struggles that cause divorces to become adversarial and ruthless.
What Are the Divorce Requirements in New Jersey?
There are a couple of preliminary requirements you will have to meet before you can get divorced in New Jersey. Keep these in mind before you get started. The most common is that one of the spouses must have lived in New Jersey for at least one year before the first divorce papers are filed with the court, except if the divorce is based on adultery.
Second, you must have a reason or “grounds” (legal cause) for the divorce. Most people will select “irreconcilable differences,” which means that for the last six months you and your spouse have experienced a breakdown in your relationship, and the marriage cannot be saved. This is considered a no-fault divorce because the spouse filing for divorce isn’t accusing the other of anything such as infidelity or abuse. Another no-fault ground for divorce is when the couple has lived apart in different residences for at least 18 consecutive months, and there is no possibility of them reconciling.
A spouse also has the option of basing the divorce on “fault” grounds. These include adultery, extreme cruelty, desertion, voluntarily induced narcotic addiction or habitual drunkenness, institutionalization for mental illness, deviant sexual conduct, and imprisonment.
Typically, there isn’t much—if anything—to be gained by filing for divorce on fault-based grounds. And the use of those grounds would likely antagonize the other spouse and prolong the divorce process. To discuss this with an attorney before deciding which route to take.
How long does it take to get a divorce in New Jersey?
The most likely answer is, from the date of the filing of a complaint for divorce, to the time that you get your final judgment of divorce, we are talking a year. Many people panic when they hear that particular time frame because they think that it is just too long. But the short answer is, if you and your spouse are willing to make decisions quickly and concisely, it can take as little as three months. But the reality is that if you do have complex issues that need to be addressed such as business valuations that need to be addressed, alimony, or disagreements about child custody as far as parenting time and visitation and such then certainly that expands the overall lifetime of a particular case, and it could, in fact, exceed a year.
Every family is different, the duration of time required to finalize a divorce settlement will vary on a case-by-case basis. However, there are a few guidelines established by the State of New Jersey that will directly affect the timeline of your divorce.
1. Residency Requirements
In the State of New Jersey, at least one spouse must be a NJ resident for a minimum of one year before filing for divorce. In cases of adultery, the residency requirement is waived if one spouse currently resides in the state.
2. Separation Requirements
New Jersey residents must be voluntarily separated without interruption for 18 months, with no opportunity for reconciliation before filing for a “no-fault” divorce. It is important to highlight that the 18-month separation is rarely used these days. It has largely been replaced by filing on the grounds of “irreconcilable differences,” which has a much shorter waiting period of six months.“.
3. Crime Convictions
In the State of New Jersey, an individual can file for divorce if his/her spouse was convicted of a crime requiring at least 18 months of served time. The couple must not resume cohabitation following the spouse’s imprisonment.
4. Other Requirements
Some states may require marriage counseling, mediation, or a parent education class on divorce’s effects on children before allowing a couple to file for divorce. The State of New Jersey requires a parent education class, which may be waived if both parties have agreed to a Parenting Plan or settled all issues of the divorce (in writing) before they are scheduled to attend the class.
New Jersey does not require marriage counseling, but it does require mediation. This process usually occurs after filing the Divorce Complaint, but before the early settlement panel (a mandatory court appearance following the discovery stage).
In addition to legal requirements, other factors may affect the time required to finalize a divorce settlement, such as:
- How long it takes to have your spouse served with divorce papers
- The extent to which your case is contested
- The court’s docket backlog
In addition to the above considerations, topics such as child custody, alimony, visitation, child support, and equitable distribution of assets require serious consideration and mediation in order to process your divorce as expeditiously as possible. Our legal team specializes in family law and is ready to help you make the best decisions for you and your family.
Wall Township Divorce Lawyer Helps You Understand the Divorce Process and what you should be aware of
At Bronzino Law Firm, our attorneys serve clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in all family law matters.