Teaneck Uncontested Divorce Lawyer
When separating spouses are unable to come to an agreement on the terms of their divorce, litigation is often necessary. However, when a couple desires to settle their case amicably, an uncontested divorce is an excellent way to do so. It also can be less expensive without litigation involved.
If you and your spouse want to dissolve your marriage without battling in court, a Teaneck uncontested divorce attorney can help. Our skilled legal team is well-versed in resolving marital disputes outside of court and can guide you through uncontested divorce proceedings. As a reminder, a lawyer cannot represent both parties in an uncontested divorce. Each party must have their own independent lawyer.
Grounds for Marital Dissolution
To pursue a divorce in Teaneck, one spouse must provide a basis for ending the marriage. Under New Jersey Statutes §2A-34-2, acceptable divorce grounds include:
- Willful and continued desertion for more than 12 months
- Extreme cruelty
- Separation for a minimum of 18 consecutive months if there is no reasonable prospect of reconciliation
- Drug or alcohol addiction
- Institutionalization of a spouse for mental illness
- Imprisonment of a spouse for 18 or more consecutive months after marriage
- Deviant sexual conduct of one spouse without the other spouse’s consent
Additionally, spouses can obtain a divorce based on irreconcilable differences for a period greater than six months if there is no reasonable prospect of reconciliation. In an uncontested divorce, irreconcilable differences are the ground most often cited in the complaint, as spouses wish to dissolve their marriage without placing legal blame on one another. This is also called a “no fault” divorce because neither spouse has to prove that the other spouse as at fault for the divorce. An uncontested divorce attorney in Teaneck can help an individual determine their grounds for divorce and file a complaint.
Legal Requirements for an Uncontested Divorce
Spouses seeking an uncontested divorce must meet specific legal requirements. Initially, one spouse must be a New Jersey resident for at least one year prior to filing a divorce complaint. However, this time requirement can be waived if one spouse committed adultery.
Additionally, both spouses must agree on custody, child support, property distribution, and all other marital issues for their divorce to remain uncontested. If the parties meet these requirements, they can generally finalize their divorce relatively quickly. A dedicated Teaneck divorce attorney must be well-versed in the legal requirements for an uncontested divorce and can help ensure a party satisfies them.
Obtaining an Uncontested Divorce in Teaneck
Even when parties agree on the issues in their case, they still must follow specific steps to legally end their marriage. First, one spouse must file a Verified Complaint for Divorce in Superior Court. The filing spouse then serves the opposing party with the divorce complaint and related paperwork — including a summons, Civil Case Information Statement, and Certification of Insurance Coverage — through a private process server or the local sheriff’s office.
Upon service, the receiving party files a response indicating no objection to the divorce and requesting what relief they want awarded to them. If the couple have already reduced their settlement agreement to writing, often referred to as a Marital Settlement Agreement (MSA), they can submit it to a judge and request that it be included in the final divorce. Without further litigation, a court can then grant the divorce and issue a final judgment of divorce incorporating the terms of the MSA that will govern the parties post-divorce.
Pursuing divorce on an uncontested basis can provide divorcing spouses with peace of mind. By maintaining control over custody and assets, they can better provide for themselves and their family once the marriage is legally ended. An uncontested divorce attorney can further explain the legal process and the benefits of divorce without litigation.
Schedule a Consultation with a Teaneck Uncontested Divorce Attorney
While divorce can often be emotionally and financially taxing, ending your marriage with an uncontested divorce is a viable way to avoid unnecessary stress and potentially save the parties legal fees.
If you are considering divorce and want to avoid going to court, contact an experienced Teaneck uncontested divorce lawyer today. At Moskowitz Law Group, we understand the challenges you face as you dissolve your marriage and could work toward a smooth transition for you and your family.