Teaneck Divorce Requirements
To file for divorce in New Jersey, you must meet certain requirements. You have to think about things such as residency, if your divorce is contested or uncontested, whether or not to hire an attorney, and reasons for the divorce. Knowing what classes are needed before a divorce can be finalized and if you personally must attend Court are other considerations. The divorce process can be complicated, but having a family law attorney well versed in Teaneck divorce requirements can answer all of your questions about the process.
Residency Conditions
The first requirement to file for divorce in Teaneck is that one spouse has to have lived in New Jersey for one year. If the filing spouse lives in New Jersey, they can file for divorce in the county where they live. If they do not live in New Jersey but their spouse does, they can file in the county where their spouse lives. There are exceptions to the residency requirement if a person has dual residency, had a recent relocation, or is military personnel. It is important to discuss residency with a family law attorney to ensure all documents are filed in the correct county and avoid any unnecessary delays in the divorce process.
Uncontested vs. Contested Divorces
There are two types of divorce: uncontested and contested. An uncontested divorce is when both spouses agree to the divorce. The parties in an uncontested divorce are in agreement on all major decisions, including property division and custody. A contested divorce is when the parties are unable to reach an agreement on one or more issues in the divorce. When the couple is unable to agree, the process typically takes longer, and often, it is necessary to have a trial and have the Court decide the issues. A Teaneck attorney can help you determine the requirement for an uncontested or contested divorce.
Reasons for Divorce
A person can file for divorce based upon any of the following reasons:
- Irreconcilable differences have existed for at least six months, and there is no reasonable chance of reconciliation
- Adultery
- Willful and continued desertion for at least 12 months
- Extreme cruelty
- Separation where a husband and wife have lived in different homes for at least 18 consecutive months and they do not plan to reconcile
- Voluntarily induced addiction or habituation to any narcotic drugs or habitual drunkenness for at least 12 consecutive months
- Institutionalization for mental illness for at least 24 consecutive months
- Imprisonment of the spouse for more than 18 months
- Deviant sexual conduct voluntarily performed without consent
The reasons for divorce should be discussed thoroughly with a Teaneck family law attorney. It is important to be honest and open with an attorney so they can guide the divorce process appropriately.
Court Attendance and Other Requirements
Even if a divorce is uncontested, a spouse will still have to appear in Court to finalize the divorce. State law requires the party that filed for divorce to testify on the record regarding the information in the documents filed. If the other party has filed an answer, they will also have to attend. A Teaneck attorney can help a person determine the requirements for attending Court to finalize a divorce.
If child custody is an issue in a divorce, the parents have to attend a parenting class. The class focuses on helping with the potential trauma of divorce and separation for a child.
Contact Us to Discuss Teaneck Divorce Requirements
The divorce process can be complicated. You can represent yourself in a divorce proceeding. However, the Court will not give you any special treatment if you decide not to hire an attorney. You still have to abide by all the rules of the Court, even if you are not sure what those rules are. Having to navigate the divorce process on your own can be overwhelming when you are not familiar with the laws. Hiring an experienced family law attorney can help you guide you through the divorce process.
Many questions arise throughout the divorce process, and having someone you trust to assist you in every phase of the process is critical. You need to understand the process and Teaneck divorce requirements. Moskowitz Law Group can answer all your questions and help you navigate the divorce process. Contact us to get the support you need during this time.
