01 Jul Three Things You Should Know About Divorce in New Jersey
Even though the divorce rate in the US has been steadily dropping, married couples still have about a 40% chance of divorce.
Depending on the circumstances, going through a divorce can be a difficult and complicated process. Keep reading to learn more about filing for divorce with these three facts.
1. No-Fault vs. Fault Divorces
When getting a divorce, you first declare the grounds for divorce as no-fault or fault.
Fault grounds for divorce include instances of adultery, extreme cruelty, and drug or alcohol addiction. You may also receive a fault divorce if your partner is institutionalized due to mental illness for at least two years or imprisoned for 18 months or longer.
In New Jersey, the law allows two grounds for no-fault divorces. This includes living apart for 18 consecutive months and irreconcilable differences. For a no-fault divorce based on the grounds of irreconcilable differences the following circumstances must be met:
- At least one spouse must have lived in New Jersey for 12 months prior to filing for divorce
- The irreconcilable differences must have been ongoing for at least 6 months, causing a breakdown of the marriage
- There is no chance for a reconciliation
Deciding your grounds for divorce is just the start of the divorce process.
2. You Can Avoid Court
The courtroom litigation process is often viewed as one of the necessary steps to getting a divorce. But, there is a way you can avoid the lengthy and often difficult and expensive court process — mediation.
You and your former partner meet with a court-approved mediator. Together, all parties will work together to reach a mutually agreed upon a resolution.
Mediation traditionally results in productive meetings and a quicker process. For mediation to be successful, both you and your former partner need to be willing to talk through everything respectfully as adults. If one of you isn’t on board, the traditional court proceedings may be necessary.
3. Children and Divorce
If you have children when going through a divorce, they should be your number one concern. But there’s a lot more to consider than just how the divorce will affect them.
Child custody is an important aspect of the divorce process. Legal custody determines which parents are responsible for major decisions about the child’s upbringing. Physical custody determines which parent will be considered the primary custodial parent and where residency will be established for the child.
Visitation or parenting time is different than custody. Visitation refers to the time the parent without physical custody can see their children. This can include reasonable visitation which is an agreed-upon time, or fixed visitation which sticks to a schedule. In extreme circumstances, there is also the option of supervised visitation, where someone else is always present.
The last aspect of a divorce involving children is child support. Traditionally, the parent with physical custody of the children receives monetary support from the other parent. Child support can even exist in separation cases that have not resulted in divorce yet.
Need to Know More? Contact Tournour Law Today!
If you’re filing for divorce, you need a knowledgeable attorney on your side.
Frank Tournour is a certified matrimonial law attorney representing hundreds of people in New Jersey. Don’t just take our word for it, take a look at Tournour’s family law case results.