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Close-up of hands on a wooden table during a mediated divorce: a man's hand pointing at a document with cursive handwriting being signed, and a woman's hand holding a pen. A smartphone is

The NJ Divorce Process

When a couple wants to end their marriage, they most often choose divorce. Divorce allows a couple to part ways and move on to a better situation. In New Jersey, a divorcing couple needs to address issues related to the family in order to end their relationship, including the division of assets and alimony, also known as spousal support in our state. Some couples have more complicated divorces that include high net worth and businesses.

In order to begin the process of divorce, a couple needs to satisfy some requirements. To establish jurisdiction over a case, a residency requirement must be fulfilled. One of the party’s must have lived in New Jersey for at least a year in order to get a divorce in the state. Another requirement is for a party to cite grounds for the divorce. New Jersey is a no-fault divorce state, but not a pure one. Though “irreconcilable differences” is acknowledged as a valid reason to end a marriage, you have the right to still cite “fault” grounds, like adultery and abandonment.

Once jurisdiction and grounds are established, a party may file a complaint for divorce. This will cite the grounds and detail what is necessary to end the divorce. Before a court hears a case, they will decide if it is appropriate for a couple to avoid litigation and pursue mediation in order to save time and money. If mediation is not the right choice for a couple, the divorce process will proceed.

What is the discovery process?

Discovery can be the longest process of a divorce. A court needs to establish a clear picture of how the marriage functions. In order to do so, couples need to share financial information with each other and the court. This process can involve forensic accountants, both hired by the other spouse and court-ordered. Once all of the information is shared, the trial can begin. A court will address all applicable issues, including alimony, division of assets, child support, and child custody. Once all issues are decided upon, a Final Judgment of Divorce will officially end the marriage.

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.