New Jersey Divorce Steps

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A divorce is sometimes a necessity to come out of the broken and unwanted marriages. It is the only option left with spouses to end continuous fighting and differences between them. Divorce can be taken in various ways. It can be taken mutually and easily if partners agree on the decision of divorce. If any of the party has objection to the terms of divorce, a case can be contested in the court in order to obtain a justice. Before applying for a divorce, it is necessary to confirm that residency requirements have been fulfilled. The residency conditions for the state of New Jersey are limited to one year for the spouses. Following are some other steps that are to be carried out while applying for a divorce:

New Jersey Divorce Steps regarding Divorce Complaint

  • The Plaintiff or the Plaintiff's lawyer files the divorce complaint in the court
  • The complaint might include legal relief that is a request to the court to award child support, alimony, child custody, parenting time, divide debts and property and permission to alter the name. In the complaint, the details to these need not be submitted. The details are expected in the Property settlement agreement
  • While filing the complaint, a filing fee is to be paid. There is an additional fee for the court's Parents Education Program
  • The court dispatches a copy of the complaint along with a docket number to the Plaintiff's lawyer
  • This lawyer dispatches a copy of the complaint to the Defendant or the Defendant's lawyer
  • After receiving the complaint, the Defendant must sign and notarize the "Acknowledgment of Service" form and dispatch it to the Plaintiff
  • The Plaintiff must file the notarized Acknowledgment of Service with the court
  • The Defendant must provide a Response to the Complaint within 35 days of receipt of Complaint

New Jersey Divorce Steps regarding hearings

  • In a majority of counties in this state, the Plaintiff and the Plaintiff's lawyer have to compulsorily remain present at the Final hearing

  • Depending on the Response of the Defendant to the complaint, it is decided whether the Defendant must appear at the hearing

  • During the Final Hearing, the lawyer of the Plaintiff and / or the presiding Judge asks questions to the Plaintiff pertaining to the following topics:
    • The marriage of the partners
    • The reason for divorce action
    • The terms of the Property Settlement

  • In course of the Final Hearing, a lawyer of any partner presents the Final Judgment of Divorce to the court. The Judge signs this document and thereby implies the following:
    • The partners have been divorced legally
    • The partners have signed a Property Settlement Agreement and the partners desire to adhere to this agreement

  • The partners can leave the court with a signed Final Judgment of Divorce

  • In some cases, it happens that the lawyer submits the Final Judgment of Divorce after the Final Hearing. Then, the Judge signs it after some days

  • In the both the above two cases suggested case, the court first dispatches a signed Judgment to the lawyers of the divorcing partners

  • After some days, the court dispatches a certified copy of the Final Judgment of Divorce that has a Gold Seal. Now, the divorce can be considered as Final. Even after this announcement of divorce, if any of the partners wishes to apply for a relief, he or she may do so by applying in the court.

New Jersey divorce and mediation

Mediation is the way that helps to get a divorce without court procedure. In mediation, the partners develop communication with the help of mediator to solve their problems by finding new solutions. It is a process which helps the spouses to find out satisfactory solutions for their conflicts without entering into contested procedure of divorce.

Let us assume that a divorcing couple has undergone mediation and has developed a MOU (Memorandum of Understanding). Now, the divorcing partners must hand over this MOU to their respective lawyers for review. The lawyers might raise issues. It has been observed that a majority of these issues can be dealt with over the phone. If some points cannot be resolved, the divorcing partner might schedule another mediation session to address these points.

There are many options available for taking a divorce from the partner. Ending a marriage is not easy but, through proper management and knowledge of legal requirements, this process can be made easier and cheaper. There are various effects of the divorce on partners and children, if any. Divorce support groups help in this matter and teach the individuals to cope up with this phase. The New Jersey divorce steps may be helpful for you to acquire detailed information about a dissolution of marriage in this state.

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