Monmouth County Divorce Requirements
Couples who have decided to pursue a divorce must meet formal requirements set out by state law. Monmouth County divorce requirements are fairly broad, but it is necessary to meet each of them before the court will proceed to hear a divorce case.
Failing to meet these requirements can lead to frustrating and costly delays. To set yourself up for success as you transition to the next stage of your life, you should speak with a dedicated divorce attorney.
Residency Requirements
The primary issue to address before the court can formally dissolve a marriage is the state’s residency requirements. To qualify, a spouse must have lived continuously in the state as a “bona fide resident” for a minimum of one year before filing for divorce. Only one spouse needs to meet this qualification and it does not have to be the party filing the complaint for divorce. In other words, it is possible to file for divorce from out of state and still meet this requirement, so long as the other party meet the residency requirement. Additionally, to file in any count, including Monmouth County, either party must have resided in Monmouth County when the cause of action (reason) for the divorce arose.
There is an important exception to the residency requirement. When one spouse has committed adultery, the one-year residency requirement is waived. In this scenario, the court has jurisdiction to proceed to hear a divorce case as long as one of the spouses was a New Jersey resident for some period of time prior to the filing of the complaint, which could technically be just one day. It is important to note this process requires the filing spouse to pursue a fault-based divorce, which can be more litigious than no-fault proceedings.
Grounds for Divorce
Before a couple can end their marriage, they must provide a legal reason for the decision to dissolve their marriage. This requirement is known in Monmouth County as the grounds for divorce.
There are two different options to consider: no-fault and fault-based grounds. Most couples opt for the no-fault approach because it is possible to conclude the process without having to fight in court over who was to blame for the divorce. Instead, the parties only need to show the court that they experienced irreconcilable differences that have made it impossible for the parties to save their marriage.
The fault-based approach is still used under limited circumstances. This process involves one spouse proving to the court at trial that the other spouse caused the grounds for divorce due to reasons such as infidelity, extreme cruelty, incarceration, or alcohol or drug abuse.
No Waiting Periods
In most states, there is a waiting period that begins on the day the complaint for divorce is filed. This means, even if everything is in order, the spouses must wait a set amount of time before the court has the power to proceed to bring their marriage to an end. This is not the case in New Jersey.
In Monmouth County, there is no requirement for waiting periods before a couple can divorce after a complaint for divorce is filed. That means a couple seeking the end of their marriage could have a judgment of divorce entered as soon as the case is settled. Practically speaking, these cases always take time to resolve. Even when both sides are generally in agreement on the important issues regarding their divorce, it can take some time to finalize paperwork and wrap up the negotiations. This process can take anywhere from a few months to more than a year, but a divorce attorney can ensure a couple avoids as many delays as possible to secure a final result.
Meet With a Family Law Attorney About Monmouth County Divorce Requirements
Most people would like to get through their divorce with as little conflict and delay as possible. Before you can get a fresh start in life, you will need to meet all the Monmouth County divorce requirements. Reach out to Moskowitz Law Group to discuss how our family law attorneys can support you.
