Union County Divorce Lawyer
Getting divorced often requires a great deal of time, money, and effort that could take a significant toll on everyone involved. As such, one of the most important prerequisites of a successful divorce is understanding the process, which itself typically requires an in-depth understanding of divorce law and how those laws affect your rights.
If you have made the difficult decision to pursue a divorce, a Union County divorce lawyer could help you execute on that decision effectively and efficiently. While successfully navigating divorce takes time and commitment, an experienced family law attorney could help you understand your legal rights, identify your best interests, and make sure both are protected.
Residency Requirements
Similar to most states, New Jersey has specific residency requirements that must be met in order to pursue a divorce in court. Prior to filing for divorce, a minimum of one spouse must have been a resident of New Jersey for a minimum of 12 consecutive months.
A spouse must file in the county in which they resided when the issue that caused their request for divorce occurred, no matter where they currently reside. The only exception to this is if the circumstances leading up to the divorce occurred before one or both spouses was a resident of New Jersey. In this case, they could file for divorce in the county in which they currently reside.
Being able to establish the residency of the spouse living in New Jersey could be challenging depending on the specifics of the situation. A Union County divorce attorney could help determine whether such requirements have been met in an individual divorce case.
No-Fault and Fault-Based Divorce in Union County
When a spouse files for divorce, they must specify the grounds on which they are requesting that divorce. Most actions for divorce are brought under New Jersey Revised Statutes §2A:34-2, which allows individuals seeking divorce to do so on either a no-fault basis or through a fault-based action.
No-Fault Divorce
No-fault divorce means that a spouse does not have to demonstrate a fault in requesting a divorce. No-fault divorce may be granted if the spouses have lived separately for a minimum period 18 months prior to filing for divorce. In situations with no-fault divorce, both spouses deem the cause of their divorce as irreconcilable differences. Those irreconcilable differences must have been present in the marriage for a minimum of six months prior to filing for divorce. A seasoned attorney could represent a spouse in court and present the reasoning for their divorce.
Fault-Based Divorce
While a fault-based divorce is less common than a no-fault one, it still provides an important avenue to divorce in some circumstances. Specifically, if a pattern of abusive behavior has persisted for three months prior to filing for divorce, a spouse may pursue divorce on fault-based grounds. Fault-based divorce could also be granted in situations where one spouse has deserted the other for a period of at least 12 months prior to filing.
Fault-based divorces require filing parties to prove the existence of the fault they name as their basis for filing, which often makes these divorces considerably difficult to handle. Conversely, a no-fault divorce does not require either spouse to prove the other is at fault for the breakdown of the marriage. A divorce attorney in Union County could help a person understand which type of divorce may be most appropriate to pursue in their case.
Work with an Experienced Union County Divorce Attorney
Given the stress and challenges that come with navigating the divorce process, an experienced attorney may be an important part of how you approach your divorce agreement. A dedicated legal advocate could help you understand your rights regarding alimony, child support, custody, and more, and work with you to assert them.
Every divorce is unique, and there is no single approach that works for every divorce case. A dedicated Union County divorce lawyer understands this and knows how to apply nuances in the state’s divorce laws to your individual case. If you are considering divorce and want to know more about how the divorce process might impact you, call today to set up an initial consultation.
