Hackensack Divorce Requirements
An individual seeking a dissolution of their marriage must fulfill certain Hackensack divorce requirements to ensure their action is properly filed. The State has specific filing, timing, and residency requirements, among other requirements when filing for divorce.
A seasoned divorce attorney can help you navigate the complex landscape of divorce proceedings. Obtaining a family lawyer when seeking a divorce is the best way to protect your legal rights.
Grounds for Divorce
When a partner files a divorce complaint to begin the Hackensack dissolution process, they must state the grounds for divorce. More specifically, the person must give a reason for seeking a divorce.
However, the State does not require a party seeking a divorce to accuse their partner of specific wrongdoing. If a couple has irreconcilable differences that have caused the marriage to break down for at least six months, they can pursue a no-fault divorce under N.J.S.A. 2A:34-2(i). Additionally, N.J.S.A. 2A:34-2(d) stipulates that a couple’s separation for 18 months with no chance of reconciliation is also sufficient grounds for divorce.
However, N.J.S.A. 2A:34-2 also outlines several reasons that a partner can pursue fault-based grounds for divorce. These reasons include adultery, desertion exceeding a year, extreme cruelty, drug or alcohol addiction for at least 12 straight years, mental illness requiring more than two straight years of institutionalization, imprisonment for more than 18 straight months, and deviant sexual behavior.
When an individual seeks divorce based on fault, they must also provide evidence to support their claims. For example, evidence that a partner was convicted of a crime involving drugs or alcohol can help prove addiction. Despite the availability of fault-based grounds, most people seeking a divorce will file based on irreconcilable differences, even if they have evidence of their partner’s fault. This is because presenting this evidence in Court is time consuming and expensive and often prolongs the divorce process.
Residency and Filing Requirements for Divorces
In addition to having proper grounds for divorce, an individual must also adhere to certain state residency requirements. According to N.J.S.A. 2A:34-10, the Court will not allow a divorce to proceed unless either party was a State resident for at least one year immediately before the complaint for divorce is filed. The residency requirement is also satisfied if a party maintains bona fide residency in the state for one consecutive year after the divorce complaint is originally filed.
State law requires that a person initiating the divorce action file the complaint in the county where they are living at that time, under N.J. Court Rule 5:7-1. However, the residency Statute provides certain exceptions.
If a person is seeking a fault-based divorce due to adultery, there is no one-year residency requirement. Maintaining a domicile within the state for any period of time will satisfy the residency requirement if the grounds for divorce is adultery.
An attorney can discuss specific documentation or other proof required to establish residency and advise a person on the appropriate jurisdiction to file their divorce complaint.
Requirements to Finalize a Divorce
Once divorce proceedings are initiated, the process and timeline will vary based on the specific facts and circumstances of the couple’s case and whether the divorce is contested or uncontested.
In an uncontested divorce, the parties generally have reached an agreement on the major issues the couple must address during dissolution proceedings and has settled them with a written settlement agreement. For example, the couple must reach an agreement on the grounds for divorce and how marital assets will be distributed between them.
If the couple in Hackensack has minor children, the Court requires them to reach a written agreement on issues such as child support, custody, and visitation rights before the Court issues a judgment of divorce. When a couple generally agree on these key issues, they can settle the terms themselves with the assistance of their attorneys. If the parties need assistance coming to an agreement on custody, the Court will require them to attend custody mediation to help finalize the terms.
When the divorce is contested, the Court can take various actions to encourage the parties to reach a settlement agreement. These measures can include case management conferences, Early Settlement Panels, economic mediation, and Intensive Settlement Conferences.
Contact an Attorney Today About Hackensack Divorce Requirements
A person has to consider many factors when seeking a divorce. This makes the process especially stressful. In addition to the initial complaint, divorce proceedings can require various filings such as motions and proposed parenting plans.
A Moskowitz Law Group family law attorney is ready to advise you and ensure that you comply with applicable Hackensack divorce requirements. Call today.
