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How To Navigate The Divorce Process: A Step-By-Step Guide For Hazlet Residents

  • By: Paul Mirabelli
How To Navigate The Divorce Process: A Step-By-Step Guide For Hazlet Residents

What Are The Legal Requirements To File For Divorce In New Jersey?

There are several key legal requirements for filing for divorce in New Jersey. They include:

Residency

At least one of the spouses must have been a resident of New Jersey for a minimum of one year prior to filing for divorce.

Grounds For Divorce

You need to establish a legal cause for divorce. The most commonly used ground is irreconcilable differences, which means that you have not gotten along with your spouse for at least six months, which has led to the breakdown of your marriage with no reasonable prospect of reconciliation.

What Document Do I Need To File For Divorce In New Jersey?

In New Jersey, the primary document you need to file for divorce is called a Complaint for Divorce. This document formally initiates the divorce process and includes the following details:

  • Your address and confirmation that you’ve been a resident of New Jersey for at least one year.
  • The cause of action, which is usually irreconcilable differences which means that irreconcilable differences caused a breakdown of the marriage and as a result the marriage should be dissolved. Also there has to be no reasonable chance of reconciliation. 
  • Information about any children you and your spouse had during your marriage.
  • A statement about any marital property that will require equitable distribution.

Do I Have To Personally Serve Divorce Papers To My Spouse?

You don’t necessarily have to personally serve divorce papers to your spouse. You can send the papers via certified and regular mail. If your spouse signs an acknowledgment of service, has it notarized, and returns it to you, this is sufficient for service. But if your spouse does not return the acknowledgment, you will need to use personal service, which typically involves hiring a process server or sheriff to serve the papers directly to your spouse.

What Happens After Filing For Divorce?

After filing for divorce, the following things typically occur:

Answer Period

The defendant spouse has 35 days to file an answer and/or counterclaim.

Default

If the defendant does not respond within 35 days, you can request the court to enter a default judgment against them. This means the case will proceed without the other spouse’s input, and the court may make decisions regarding property, support, and custody in their absence. 

On the other hand, if the defendant does respond, the case moves forward and will involve discovery and settlement discussions or a trial.

What Are Common Challenges Faced During The Divorce Process?

During the divorce process, there’s a good chance you’ll encounter some common stark challenges. They include:

Children

Custody, visitation, and parenting time are often emotional and complicated. Courts prefer parents to reach an agreement since they understand their children’s best interest better than anyone else. Child support, medical insurance, unreimbursed medical expenses, and the cost of extracurricular activities also need to be addressed.

Alimony (Spousal Support)

Determining alimony can be especially contentious since it depends on both parties’ incomes, among other factors. Courts consider 14 factors—when deciding on alimony which are as follows:

  • The actual need and ability for the parties to pay;
  • The duration of the marriage/civil union
  • The age, physical, and emotional health of the parties;
  • The standard of living established and the likelihood that each party can maintain a reasonably comparable standard of living with neither party having a greater entitlement to that standard than the other;
  • The earning capacities, educational levels, vocational skills, and employability of the parties; 
  • The length of absence from the job market of the party seeking maintenance;
  • The parental responsibilities for the children
  • The time/expense necessary to acquire sufficient education/training to enable the party seeking maintenance to find appropriate employment, the availability of the training/employment and the opportunity for future acquisitions of capital assets and income;
  • The history of the financial and non-financial contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  • The equitable distribution ordered, and any payouts of equitable distribution, directly, or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  • The income available to each party through investment of assets held by the party;
  • The tax treatment/consequences to both parties of the alimony award, including whether all or part of it is non-taxable;
  • The nature, amount and length of pendente lite support aid, if any;
  • Other factors the Court may deem relevant

Equitable Distribution Of Assets

Assets acquired during the marriage must be divided as per New Jersey law. Courts usually split them 50-50 unless there is a compelling reason to deviate from this norm. Common examples of these assets include:

  • Retirement accounts
  • Pensions
  • Annuities
  • 401Ks
  • Marital Home or other real estate
  • IRAs
  • General brokerage accounts
  • Checking and Savings accounts

What Should I Expect During My Divorce Hearing?

During the divorce process in New Jersey, you typically won’t have a formal divorce hearing right away. The chances your divorce will go to trial are slim, given that only about 5% of cases proceed to trial. Instead, the process generally unfolds in the following way:

Exchange Of Financial Information

During this time, you’ll likely try to resolve custody, visitation, and child support-related issues. Both parties will also exchange various financial documents via a Case Information Statement which is a financial disclosure which is required by the Court.

Settlement Attempts

You’ll meet with two experienced attorneys to try to resolve financial issues. This is called an Early Settlement Panel. This stage is often limited in scope and, unfortunately, doesn’t always lead to a resolution. If the early settlement panel is unsuccessful, you’ll move to economic mediation. Here, you will have access to a mediator for two hours at no charge. If progress is made, you may continue with paid sessions to work toward a resolution.

Intense Settlement Conference

If mediation fails, the judge overseeing your case will hold a settlement conference where you and your soon to-be ex-spouse and both attorneys must remain in court possibly all day unless you reach an agreement or the Judge dismissed you. The judge may assist with resolving lingering issues.

Trial

If no agreement is reached over the many attempts up to this point in the process, your case will be scheduled for trial. This happens despite the fact that courts strongly encourage settlement since trials are costly, stressful, and time-consuming.

Don’t Expect Everything To Make Sense

Divorce is an incredibly emotional process, and many people act in ways that may not make sense. Emotions run high, and decisions are sometimes driven by hurt, frustration, or fear rather than clear logic. Be as patient as you can throughout the process and stay focused on the bigger picture, even when the process feels irrational. It may be hard, but it will pay off in the end.

Still Have Questions? Ready To Get Started?

For more information on How To Navigate The Divorce Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 733-2830 today.