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The decision to end your marriage can be fraught with deep emotions and anxiety. Even when divorce is an amicable situation, the legal process can quickly become overwhelming. A Montclair divorce lawyer could provide counsel regarding your legal options when seeking to end your marriage. Our team of family law attorneys could defend your rights at every step of your divorce case, whether during negotiations or in a court of law. Additionally, we could discuss all your concerns regarding your divorce, child support, spousal support, and more.
Before someone can file for divorce in the state of New Jersey, they must meet a few basic legal requirements. For instance, at least one spouse must live in the state. Additionally, the law recognizes both fault and no-fault divorces. When a couple has been separated for at least a year and a half, they can file for a divorce without any allegations of fault. This is known as a no-fault divorce.
If, however, a spouse is filing for marriage dissolution based on fault, one of the parties should have lived in New Jersey for a minimum of 12 months. The caveat to this is when one party alleges fault based on the other person’s infidelity. When one spouse was unfaithful, the one-year condition does not apply, and the other spouse can file for divorce whenever.
In some situations, the incarceration of one spouse for a year and a half can result in the court granting a fault-based divorce. A Montclair lawyer could analyze someone’s circumstances and advise whether they meet the criterion for a fault or no-fault divorce.
Once someone wishing to file for divorce has met the filing standards, their Montclair attorney could help them initiate proceedings. First, one party must file their dissolution of marriage documents with the court and submit them to the other spouse, who may or may not contest the proceedings.
If the divorce is uncontested, both parties may be able to work together to determine provisions for distribution of property, child and spousal support, the custody arrangement, and other matters of concern. Then, the couple would submit their proposed settlement to the judge for approval. Alternatively, if the responding spouse does contest the end of their marriage, the process may prove to be more complex, and could end up in court where the judge has the final determination of all points at issue before entering the divorce decree. Our dedicated attorneys could help someone through this difficult process regardless of whether the end of the marriage is amicable or not.
A Montclair divorce lawyer understands the stress and uncertainty that you may feel during this transitional period. As a result, you should let our caring attorneys take the reins of your divorce case, file the necessary documents, gather supporting evidence, and work hard to help you reach a satisfactory arrangement, whether during settlement talks or in court. To get started on your case, call now today and set up your consultation.