Filing for divorce can be a complex and emotional process. When you know for sure divorce is imminent, your focus is no doubt on worries about your children, your home, and your finances, while also trying to deal with your emotions. Certainly consulting with an attorney to learn about your rights and obligations is critical during this time, and can help calm fears and provide clarity. It is also helpful to have a basic understanding of how the process works.
Do I need to have “grounds” for divorce in New Jersey?
Opening a case for divorce in the court begins with the filing of a Complaint for Divorce. Often, the other spouse will file a Counterclaim for Divorce. Whether you are the plaintiff who files the Complaint, or the defendant who files a Counterclaim, New Jersey law requires you to establish “grounds” for divorce. Grounds for divorce are the legal reason(s) you present to the court to justify dissolving your marriage. New Jersey allows for divorce on a number of grounds, some of which are fault based, and some of which are neutral.
- No-fault grounds: These include irreconcilable differences that have caused a breakdown of the marriage for at least six months, or living separately for at least 18 months.
- Fault grounds: These can include adultery, desertion, extreme cruelty, addiction, imprisonment, or deviant sexual conduct.
Understanding these grounds is essential they can impact the proceedings. The court requires proof of the grounds for the divorce to be finalized. Proving some grounds, such as fault-based grounds, can be much more difficult.
How does a divorce begin?
Divorce is a legal process. As such, there are specific documents required. If the documents do not comply with the requirements of court rules and statutes in terms of their content and the process, the court will not accept the filing. The complaint or counterclaim must include the grounds for divorce, the relief being sought, and the facts which support the requested relief.
In addition to the Complaint or Counterclaim, there are certain affidavits and certifications that must be filed at the beginning of the process. There are also detailed rules to follow about service on the other party, proof of service, default, and case management.
Filing for divorce in New Jersey requires careful attention to legal details, particularly when establishing grounds for divorce and preparing the pleadings. Receiving advice and assistance from knowledgeable counsel will empower you to protect your rights and help you navigate the process more effectively.
