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There are important laws that one should know when considering a divorce in Short Hills. For example, New Jersey is a no-fault state, meaning that a divorce must be filed under irreconcilable differences. Ex-spouses must include simple language in the body of their complaint that says that there are certain things that have come about at least six months prior to filing the divorce that make it unreasonable for them to live together as husband and wife.
Although there are certain universal truths for anyone going through a divorce, there are also many local statutes and divorce process requirements in Short Hills that parties must follow. It is crucial to retain a local attorney who understands these nuances and can provide guidance throughout the divorce proceedings.
Complainants are required to file for divorce in the county they live in. Short Hills residents would file for divorce in the Essex County Superior Court with the family clerk. Divorcing parties must also be residents of New Jersey for at least one year prior to filing in the state.
Once a person prepares a divorce complaint with their lawyer, it must be sent to the clerk with a specific filing fee. The complaint is then given a docket number and put into the court system, and the document is then sent back to the person who filed the complaint. Their attorney would then serve it on the other party.
Sometimes the other party does not respond to the divorce complaint. Some may file an answer and a counterclaim or may try to make an agreement to expedite the process. Once a lawyer serves a divorce complaint on behalf of their client, it is up to the other party how they choose to respond.
The length of a divorce case is determined by how the parties are getting along and how they are feeling about the issues being discussed. The court prefers to complete cases within one year from when the initial complaint was filed, but they can complete proceedings as soon as everyone involved reaches an agreement.
New Jersey law does not necessarily require a waiting period between the scheduling of a court hearing and final judgment during the divorce process. If both parties reach an agreement for settlement with their attorneys, marriage dissolution may end rather quickly, depending on the court’s calendar.
If there are children involved, the only caveat is that the divorcing parents must have been state residents for at least six months for New Jersey to have jurisdiction over matters of custody and parenting time. However, New Jersey jurisdiction is not an issue if parties can reach an agreement. In this case, divorcing parents can abide by the terms that they agree upon in proceeding with their marriage dissolution.
It important for those beginning the divorce process to hire an experienced attorney with knowledge of the local laws. Legal professionals in Short Hills will be familiar with the unique court systems of the nearby counties. A hometown attorney has the advantage of a certain familiarity with other lawyers, judges, and court staff, which is helpful when going through litigation.
An attorney understands that certain judges may make certain determinations. They know what it is like to deal with the local adversaries. Those who deal with divorce law in Short Hills are part of a fairly close-knit association, and this benefits potential clients because familiarity with the systems and people involved can help cases move quickly and seamlessly.
If you are filing for divorce, contact a lawyer with the experience and knowledge of the divorce process requirements in Short Hills. Call our firm to speak with a member of our skilled team today.