Different Types of Divorce in New Jersey
There are many different types of divorce in New Jersey, and it may be difficult to determine which is the best way to dissolve your marriage. However, a local divorce attorney could apply their experience to your case and fight for the best possible resolution.
New Jersey is a no-fault state meaning that divorce could be filed due to irreconcilable differences instead of alleging fault, making divorce potentially quicker and easier. Being able to file as no-fault allows the process to continue quickly instead of having to establish that one party was responsible for the breakdown of the marriage due to adultery, cruelty, or some other issue. However, is certain cases, it may be necessary and just to file an at-fault divorce for other grounds such as abandonment, addiction, deviant sexual conduct, imprisonment, or institutionalization.
Common Types of New Jersey Divorce
The most common grounds for divorce are no-fault dissolutions based on irreconcilable differences. Aside from irreconcilable differences, sometimes people will add a count for separation if they want to preserve assets and set a cutoff date for the marriage. Sometimes, people may file a count under extreme cruelty if they have experienced abuse or other grievous issues or file as a result of adultery.
A person must be a resident of New Jersey for a year or more before filing for divorce except when filing under adultery. Spouses do not need to live in New Jersey for one year if they have proof that their spouse has had an affair. The other fault grounds, such as abandonment, addiction, deviant sexual conduct, imprisonment, or institutionalization, are rarely alleged in the complaint for a divorce.
When One Party Ignores Divorce Complaints
There may arise a situation in which one party is served with the complaint for divorce but just ignores it and does not answer the complaint for divorce. In that case, the person who files can proceed with the divorce without the other party’s cooperation. They could request that the court answer a default divorce meaning that the divorce would still move forward without the participation of the other side. The person requesting the divorce will submit forms to the court that detail what they seek in the way of relief, and the case proceeds normally without input from the other party. While one party may choose to ignore the complaint for divorce and not participate, the divorce will still go forward, though the person who has not responded may not be pleased with the outcome because it may be in favor of the party requesting the divorce.
Factors That May Prolong Different Forms of Divorce
Factors such as not agreeing on custody and parenting time could prolong the divorce process. The parties usually go to mediation through the court and if they still cannot agree, experts and the court may become further involved to determine the best interest of the child. Another issue that could prolong the case is if a business owned by one of the parties that needs to be valued. That case may require forensic accountants to spend time placing an appropriate value on the business which might take months. Instead of filing for a no-fault cause of action, parties may need to pursue a different type of divorce in New Jersey if they are facing unique aspects like these.
Let an Attorney Help You
An attorney’s experience could help you in many ways. Going through a divorce is extremely emotional and you may not be familiar with the law or the legal system. A knowledgeable attorney could help you navigate the different types of divorce in New Jersey, helping you come to divorce arrangements that are right for you and your family. You do not need to face divorce alone and working with a seasoned lawyer could make a difference in your situation. Call today to schedule a consultation and learn more about your legal options.