Like most legal processes, the process of procuring a legal divorce requires that the parties follow the proper procedural steps. The exact steps of the procedure will vary from state to state, but in New Jersey and its towns like Voorhees, Camden, Haddon Township, and Winslow, the steps for procuring a divorce are the same.
Where to File for Divorce in Voorhees, NJ
Where you file for your divorce depends largely upon where you live. Generally speaking, you will file for your New Jersey divorce in the Superior Court of the county where you live. Additionally, you or your spouse must have lived in the State of New Jersey for at least one year prior to filing for divorce. The only exception to this one-year requirement are situations involving adultery. When one party is accusing the other of adultery the one-year requirement is waived.
What Documentation is Necessary to File for Divorce in Camden, NJ?
The primary document necessary to begin divorce proceedings in New Jersey is a verified Complaint for Divorce. Being verified means that it is signed by the person seeking the divorce and the person swears in front of a notary public that the contents of the petition are true as to the best of their knowledge. The petition contains the facts that support the person’s request for a divorce, as required under New Jersey law. Generally speaking, the person filing for divorce must show to the Court one of the following common situations:
- Eighteen months of physical separation
- Extreme mental or physical cruelty
- Irreconcilable differences
- Substance addiction
There are other situations where a divorce can be obtained; however, these are the most common. If you do not see your situation listed, it does not mean that it fails to provide grounds for divorce. Contact a Cherry Hill divorce attorney to review your situation and receive guidance regarding whether your situation would allow filing a Complaint for Divorce.
Is New Jersey a “No Fault” Divorce State?
Some states have passed laws that allow for a “no fault” divorce, meaning that neither of the parties believes the other has conducted themselves in a way that proves bad conduct, but that one or the other desires the marriage end. The closest thing to a “no fault” divorce in New Jersey is the 18-month period of separation, but it is not classified as such.
What Happens After the Complaint for Divorce is Filed?
Once the complaint is filed and the parties have been served with notice, the process of negotiation begins. These negotiations include child custody, alimony payments, and the division of property. This process also includes discovery, where each party requests information from the other in order to understand the extent of assets and liabilities in order to properly allocate property.
Mediation in Cherry Hill, NJ
After discovery and some initial negotiation where each party stakes out his or her position, the parties to a divorce will often enter mediation, where a neutral third party with extensive experience dealing with divorce matters will attempt to bring the two parties to an understanding and written agreement regarding child support, custody and visitation, alimony, and property division. However, family law mediation is not always successful, and trial is necessary.
Trial in Haddonfield, NJ
If mediation is unsuccessful, the parties will present their issues to the court, which will enter a final determination regarding child support, custody and visitation, alimony, and property division. This order is binding on both parties and can often only be modified by additional court proceedings. When the parties are unable to reach an agreement on contested issues, going to trial is the only way to resolve them.
Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Davis & Mendelson represent clients throughout the state, including Voorhees, Camden, Cherry Hill, and Gloucester Township. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 627-0100 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1200 Laurel Oak Road, Suite 101, Voorhees, NJ 08043.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.