Even in cordial circumstances, divorce can be a difficult process. In light of that, selecting the right Middlesex County divorce lawyer may be a crucial part of navigating the complexities of the process.
It is also important to have a basic understanding of the requirements of divorce in New Jersey so that you can make the most informed decisions about how to approach the divorce process confidently and productively. Let a knowledgeable divorce attorney answer your questions and work towards a positive outcome for you.No-Fault Vs. Fault-Based Divorce
Middlesex County recognizes both no-fault divorce and fault-based divorce, as specified in New Jersey Revised Statutes Title 2A Section 34-2.
A no-fault divorce means that neither party involved is required to prove fault for the deterioration of the marriage. A divorce can be granted based on separation if the spouses have lived separately for a period of at least 18 months prior to commencing divorce proceedings, or it can be granted based on irreconcilable differences for a period of at least six months prior to filing for divorce.
Conversely, a fault-based divorce can be pursued if one spouse has deserted the other for a period of at least 12 consecutive months prior to filing for divorce. It can also be granted in situations where the spouse filing for divorce has been the victim of extreme cruelty, such as violent or abusive behavior, for at least three months prior to the filing.
Voluntary addiction, adultery, institutionalization for mental illness lasting more than 24 months, imprisonment for more than 18 consecutive months, and deviant sexual behavior can also be used as grounds for fault-based divorce. A Middlesex County divorce lawyer can help an individual, regardless of the type of divorce they are interested in pursuing.Basic Requirements When Filing for Divorce
Regardless of the reason a person is considering divorce, they must meet some basic requirements to do so in New Jersey. First and foremost, Title 2A Section 34-10 requires that at least one spouse must be a resident of New Jersey for a minimum of 12 consecutive months prior to filing for divorce.
A second residency-based requirement is that a party pursuing divorce must file in the county where the action that gave rise to their divorce request occurred, even if they do not live in that county anymore. If these issues or actions occurred before one or both parties were residents of New Jersey, then they may file in the county in which they now reside so long as at least one of the divorcing parties meets the residency requirements.
Several other requirements must be complied with throughout the divorce proceedings. These include full financial disclosure and mediation, as well as additional requirements depending on the circumstances of the marriage—for example, whether the marriage produced a child.Working With a Middlesex County Divorce Attorney
It is important to select a Middlesex County divorce lawyer who understands that each divorce is unique and that there is no single approach that works for every single one. A dedicated Middlesex County divorce attorney could take as much time as is needed to help you through a challenging and difficult experience.
If you have questions about the divorce process or have made the choice to pursue a divorce, contact a divorce attorney today to schedule a consultation.