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The dissolution of a marriage is often a devastating event in a person’s life. However, divorcing is sometimes the best option for former spouses and their families. Contrary to popular belief, divorce proceedings do not have to be complicated or contentious . However, without legal assistance, you may be at an unreasonable disadvantage.
You do not have to face the challenges of divorce alone. Relying on the guidance of our dedicated family attorneys can give you the best chance of a favorable outcome and an amicable agreement. Discuss your options with a Glen Ridge divorce lawyer at Williams Law Group, LLC, as soon as possible.
A judge will not grant a Complaint for Divorce without a valid reason. Therefore, the party filing for divorce must provide grounds for the separation in order for the court to dissolve a marriage.
Justification for a separation generally includes “fault” or “no-fault” reasoning. To claim fault, a party must prove that their spouse is the reason for the end of the marriage. However, with no-fault claims, this is not necessary.
There are two types of no-fault claims for divorce. First, the courts can grant a divorce when there are “irreconcilable differences” between a couple for more than six (6) months prior to the filing of the Complaint for Divorce. Alternatively, the parties could prove that they have been living apart for a minimum of 18 consecutive months. A knowledgeable attorney in the area can advise a couple of the types of justifications for a divorce.
Under New Jersey law, having viable grounds for separation is not enough to finalize a divorce. For a judge to agree to dissolve a marriage, one or both spouses must meet specific residency, or jurisdictional, requirement. However, only one spouse must meet this requirement—and it does not have to be the person filing for divorce. For example, a party that lives out of state could file for divorce if their spouse meets the residency requirement.
According to state law, one or both spouses must reside in New Jersey for a minimum of one year before filing for divorce. However, there is an exception to this rule if a spouse commits adultery. Dealing with cheating allegations can be difficult to face, but a lawyer will help ensure these accusations do not affect your case.
Divorce proceedings are not always straightforward, and unfortunately, numerous disputes could arise during this process, including but not limited to:
Equitable distribution is one of the most controversial issues in divorce cases. Property jointly owned by the spouses or acquired during the marriage must be divided appropriately by Court Order. Furthermore, there may be disputes regarding alleged premarital or exempt assets.
When minor children are involved in a divorce, disputes are common. These conflicts might involve the custody of the children or the obligation to support them financially.
The courts could also decide to award spousal support. This form of monetary support is paid from one spouse to another. These issues are often contentious during divorce proceedings. Legal separation conflicts can prompt certain emotions that make having an experienced local lawyer on your side beneficial.
Divorce does not have to be a painful, drawn-out process. With the proper legal counsel, it is possible to resolve issues in your divorce and move on with your life.
A Glen Ridge divorce lawyer will guide you during this process. If you or someone you know has a question regarding a divorce or issues arising from a divorce, call the Williams Law Group, at (908) 810-1083, today for a confidential consultation.