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.
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.