Deciding to get a divorce is not an easy decision to make, to say the very least. It can be a very long process — a whole year, in many cases — and it can be be expensive, possibly costing as much as $30,000. It is important to talk with an experienced divorce lawyer if you are confused about the process; navigating the legal system can be a very complex task!
Here is a quick look at what you can expect when you choose to file for a divorce in the state of New Jersey:
-
- First, you will have to decide if you are filing a “no-fault” divorce or if you are filing a “fault” divorce. A “no-fault” divorce will be filed on the grounds of irreconcilable differences; if you wish to cite another reason for your divorce case, it will be considered a “fault” divorce case.
-
- If you are filing a “fault” divorce case, this means that one spouse’s actions have led to the dissolution of a marriage. There are several different grounds that can be cited; if you are not sure which reason best fits your situation, it is recommended you talk with a divorce lawyer before filing any paperwork.
-
- You will have to file several different documents when the divorce proceeding begins:
-
- Filing Letter to the Court—Complaint Form (form 6): This states that you are filing for a divorce and have enclosed the necessary filing fee.
-
- Certification of Insurance (form 2): This outlines any insurance plans that will be considered during the process.
-
- Certification of Notification of Complementary Dispute Resolution (form 2B): This states that you are aware of mediation services in lieu of courtroom divorce proceedings.
-
- Family Part Case Information Statement (form 3A): This will be necessary if you and your spouse will have to consider child support, child custody, alimony, visitation rights, property division, or debt division.
- Confidential Litigant Information Sheet (form 3B)
-
- You will want to keep multiple copies of each document and seek assistance from a divorce lawyer if you need help filling out anything. If you are filing for a “fault” divorce, you will be notified when your spouse receives a copy of any necessary paperwork.
- You will have to file several different documents when the divorce proceeding begins:
- After you receive this receipt of delivery, your spouse has 35 days to choose whether to object to the divorce, agree to the divorce but object to certain requests you have made, or agree to the divorce and to any requests made.
Of course, divorce is not the only option if you and your spouse wish to separate. Instead of a conventional divorce proceeding, you may choose to separate through mediation services. Many divorce lawyers are able to assist with this and around two-thirds of all divorced couples say that they are happy with the outcome of a mediation.