Tag: Uncontested Divorce Attorneys Wall NJ

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.

Getting a Divorce When You Can’t Find Your Spouse in NJIn 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

Filing for Divorce by Notice of Order by PublicationWhen 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.

Ocean & Monmouth County Default Divorce Lawyers

Ocean & Monmouth County Default Divorce Lawyers
Default Divorce without the cooperation of the other spouse. One party can end the marriage.

It used to be that for a divorce to be final you and your your spouse had to both agree to end your marriage. That’s not true anymore. New Jersey’s family laws are proactive and progressive. Revisions of the legal statutes around divorce in New Jersey, permit one spouse to divorce with or without the cooperation of the other spouse.

Family laws in New Jersey take into consideration that ending a marriage can sometimes be a one-sided decision. Situations of domestic abuse are a common example of divorce decisions in which spouses are on opposite sides about ending the marriage.

At the Bronzino Law Firm, our separation and divorce attorneys are representing families in your community including Asbury Park, Neptune, Wall, Manasquan, Point Pleasant, Brick, Jackson, Sea Girt, and across the Jersey Shore. We know that divorce is complicated. We provide effective and personalized legal solutions at reasonable rates.

Contact our Brick or Sea Girt offices today by calling 732-812-3102 for a free and confidential consultation regarding your family law case.

Uncontested Divorce Attorneys Wall NJ

Divorces in which both spouses agree to file and participate

Uncontested Divorce when you both agree to divorce
Uncontested Divorce when you both agree

 

This is called an uncontested divorce. Under this type of separation and divorce, you and your spouse both agree to file the divorce complaint and participate by responding as may be required to execute the process. It includes reaching an agreement about all of the issues relevant to your divorce, for example, the type of alimony (spousal support) if any, child custody and support if you have children, and the division of property and debts following New Jersey’s laws of equitable distribution. Agreeing to an uncontested divorce is usually the easiest type of divorce and the least controversial.

Default Divorce In Jackson NJ

Divorce where one spouse refuses to participate and is non-compliant

Is your spouse hiding to avoid being served with the divorce court papers? Are they refusing to sign or particpate in any discussion surrounding your request for divorce?

If so, it can make ending your marriage more difficult, but it will not prevent it. Even if your spouse does not want to divorce, the divorce process can and will still move forward.

Even if spouses don't agree, default divorce is possible
Even if spouses don’t agree, default divorce is possible

Often people believe that by not responding or not appearing in court, the situation will go away, resolve itself, or at the very least, delay or prevent the divorce from proceeding. That line of thinking is incorrect and in most cases the opposite may end up being the outcome.

Not only will the divorce proceed, but a person’s lack of participation is interpreted by the law as a relinquishing of rights. The consequence is that whoever is non-compliant won’t have any say in the divorce proceeding or court judgment. This type of divorce is a default divorce.

If you have filed for divorce and your soon-to-be ex-spouse is uncooperative, consider speaking with an experienced family law and divorce attorney to discuss the possibility of pursuing a default divorce.

Steps in the Default Divorce Process

To give you an idea of what’s involved, here’s a generic overview of the process for obtaining a default judgement in New Jersey. Knowing this information may be helpful to you, but it doesn’t minimize or eliminate the advantages of having the legal guidance from a knowledgeable attorney who is dedicated to looking out for your best interests.

1. Filing and serving a complaint for divorce: Only one spouse needs to file papers to start the divorce process. If you are the filing spouse, all you need to do is complete the required forms. A representative of the court will attempt to serve the papers on your spouse and, if successful, your spouse will have 35 days to respond.

2. Serve Notice of Equitable Distribution & Case Information Statement: If your spouse does not respond, then the next step will be to serve him/her with a Notice of Equitable Distribution and Case Information Statement. Together these two documents address all of the divorce issues relevant to your family and marriage, such as child custody, visitation, alimony, child support, division of all assets, insurance coverage and debt payment responsibilities; along with other information about income, assets, liabilities and possibly a monthly budget.

3. Getting the Divorce Decree: A family court judge will also receive a copy of the Case Information Sheet and other case documents to review as part of the court’s preparation to make a final judgment. A date will be set for the court hearing and the court will attempt to serve your spouse with notice of it.

Contact a Brick NJ Divorce and Family Law Firm today

The Bronzino Law Firm is committed to providing the best quality representation in Monmouth and Ocean Counties and in all of our surrounding communities.  If you are facing a divorce and your spouse is uncooperative, contact us today at 732-812-3102.  We have extensive experience in family law matters and can help you know your options.

Depending on the extent of your spouse’s participation, he/she may have the right to participate in the final hearing and to oppose your requests. Regardless of whether he or she appears, as long as your requests are seen as fair and reasonable, the judge will most likely accept them and grant your divorce.