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New Jersey Divorce FAQ

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At Simon Law Group LLC, we understand that divorce can be a challenging and overwhelming time. To help you navigate the process and answer some common questions, we have compiled this New Jersey Divorce FAQ. If you have any further inquiries or require legal assistance, please don't hesitate to contact our Family Law attorneys.


1. What are the grounds for divorce in New Jersey?

In New Jersey, divorce can be granted on both fault and no-fault grounds. Fault grounds include adultery, desertion, extreme cruelty, imprisonment, addiction, and more. No-fault grounds include irreconcilable differences, separation, and living apart for a certain period. Learn more about the divorce process in NJ with Simon Law Group LLC’s  Guide to Divorce in NJ.


2. Do both parties have to agree to a divorce in NJ?

In New Jersey, both parties do not have to agree to a divorce. While it's ideal for divorcing couples to work together to settle financial and parenting issues outside of court, it's not a requirement for both parties to agree to the divorce. This means that one party's consent is sufficient for the divorce to proceed. 

However, it's noteworthy that complications can arise, and no divorce can be classified as truly "uncontested" until both parties have signed a marital settlement. Ultimately, in the state of New Jersey, one party cannot force the other party to remain married, and a divorce can proceed without the agreement or signature of both parties if necessary.


3. How long does it take to get a divorce in New Jersey?

The length of time it takes to finalize a divorce in New Jersey varies depending on several factors, such as the complexity of the case, cooperation between the parties, and court availability. On average, it can take anywhere from several months to over a year.


4. How much will a divorce cost?

The cost of a divorce in New Jersey can vary depending on various factors, including the complexity of the case, the attorney's fees, and court-related expenses. Consult with a knowledgeable divorce attorney to get a better idea of what a divorce may cost you and your spouse. 


5. How is child custody determined in New Jersey?

In New Jersey, child custody is determined based on the best interests of the child. The court considers factors such as the child's relationship with each parent, their physical and emotional well-being, and the ability of each parent to provide a stable environment. Understand more about child custody during divorce in NJ. 


6. How is alimony calculated in New Jersey?

Alimony in New Jersey is determined by considering factors such as the length of the marriage, the income and earning capacity of each spouse, the standard of living during the marriage, the age and health of each spouse, and any other relevant circumstances. Learn more about alimony in NJ


7. What is the process for dividing property in a divorce?

New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. The court considers factors such as the duration of the marriage, each spouse's contribution to the marriage, and their respective economic circumstances.


8. Can I modify a divorce agreement or court order?

Yes, under certain circumstances, it is possible to modify a divorce agreement or court order. Changes may be made regarding child custody, child support, alimony, or other provisions if there has been a substantial change in circumstances since the original agreement was made.


9. What are the alternatives to litigation in divorce cases?

In addition to traditional litigation, there are alternative dispute resolution methods available in New Jersey, such as mediation and collaborative divorce. These approaches aim to resolve conflicts amicably and encourage open communication between the parties. Contact Simon Law Group LLC to learn more about your New Jersey divorce options. 


10. How do I file for a divorce in New Jersey?

When filing for a divorce in New Jersey, ensure you meet the residency requirement and prepare the necessary forms, including the Complaint for Divorce and Summons. File these documents at the Family Division court clerk's office in the relevant county and understand the differences between contested and uncontested divorces, along with associated fees. Consider an expedited, uncontested divorce process, familiarize yourself with valid grounds for divorce, and seek legal guidance as needed, especially for cases involving children, property, or debts.

You should hire a New Jersey divorce lawyer if you are considering filing for divorce. Their dedicated guidance can help save you time and money by preventing unwanted mistakes and delays in the divorce process. Learn more about the NJ divorce process: Guide to Divorce in NJ


11. What are the residency requirements to file for divorce in New Jersey?

To file for a divorce in New Jersey, at least one spouse must have been a bona fide or actual resident of the state for a period of one year. If it's a no-fault divorce, the residency requirement is one year, and it's important to note that living in another state and then coming to New Jersey to file for divorce is not permissible. You must have lived in New Jersey for 12 consecutive months before filing for divorce, and either spouse must have been a resident of the state for at least one year prior to the divorce filing.


12. Do I need to hire a divorce attorney?

Working with a knowledgeable divorce attorney is always a good idea and in some scenarios may be necessary in certain situations. These include collaborative divorce arrangements, legal ethical considerations, uncontested divorces requiring legal review, and instances involving complex issues such as child custody, infidelity, or lack of commitment. Legal guidance can also be valuable even before the decision to file for divorce is made. 


13. How can Simon Law Group LLC assist with my divorce?

At Simon Law Group LLC, we have a team of dedicated divorce attorneys who can provide you with the guidance and representation you need during this challenging time. We will work diligently to protect your rights, advocate for your best interests, and help you achieve a favorable resolution. 

Are you facing or considering a divorce in New Jersey? You do not have to navigate the complexities alone. At Simon Law Group LLC, our knowledgeable team is here to guide you through the process and advocate for your best interests.

Contact us today to schedule a consultation and discover how we can help you achieve a favorable resolution. Our compassionate attorneys will provide personalized legal support tailored to your unique situation.