As a Family Law Attorney with a main office in Jersey City, New Jersey that focuses on divorce, child custody, parenting time, child support, I often field many questions from many people who are seeking a family law attorney or divorce lawyer in New Jersey.
In New Jersey, the Courts permit people to divorce if they have resided in New Jersey for a period of one year or more. It does not matter where you were married, the main concern is where you reside now. The Jersey City Family Law Attorney and New Jersey Divorce Lawyers at the Artusa Law Firm know the laws and procedures of the NJ divorce courts. This page will briefly discuss some of the common questions for filing divorce papers and family law issues in New Jersey. Our site has more information about specific family law issues and how to choose a family law attorney in New Jersey or what to look for when seeking divorce lawyers in New Jersey.
New Jersey has many different causes of action for filing for divorce but the most common by far is irreconcilable differences, which is a no-fault cause of action. By filing divorce papers for irreconcilable differences, the plaintiff only needs to indicate that the parties’ have experienced these differences for a period of six months or more prior to the date of filing. There is no need to show proof of adultery, extreme cruelty or anything like that. The allegation in the complaint is enough. People can still live together and file for divorce. For information about filing for divorce because of adultery, please read our published article about fault divorces and divorce because of adultery.
When a divorce case is filed in the county that you reside, the plaintiff must indicate what relief he or she is seeking. For example:
Plaintiff seeks judgment of divorce (or dissolution of the marriage) AND:
Joint Legal Custody
Division of Assets Acquired During the Marriage (Equitable Distribution)
Name Change (Maiden Name)
At the time of filing, you do not need to be specific as to the amount of alimony, the length of time, the amount of child support, how the assets should be divided and beyond. This information is discovered during the discovery period of the case. During discovery, the parties can request documents to be produced, can conduct depositions, answer written questions, subpoena certain information pertaining to the case and beyond.
A divorce can be done in as little as 60 days or take well over a year depending on the positions of the clients and issues in contention. Whether you have a case that all issues are resolved or know that the issues cannot be resolved yet, our team can help you with effective legal representation in the New Jersey family courts.
If you are ready to file for divorce , have a family law issue, or seek a consultation concerning a potential divorce case, contact the Hudson County New Jersey divorce lawyers and family law attorneys at the Artusa Law Firm of Jersey City on 201-706-7910 today.