If you’ve considered filing for divorce, do you know if you meet the legal requirements to do so? Unfortunately, many assume they can just go to their local courthouse and file without considering whether or not they are eligible. As such, if you are ready to begin this process, it’s in your best interest to keep reading to learn if you meet the legal requirements to file for divorce and why working with a Somerset County divorce attorney is in your best interest for these complicated issues.
Are There Legal Requirements for Divorce?
It’s important to understand that if you are considering filing for divorce you must be eligible before pursuing this option. Generally, the only requirements that must be met when seeking a divorce are residency requirements. However, there are some exceptions that could require a waiting period.
In New Jersey, one of the only requirements surrounding this process you must meet is that either you or your spouse must reside in the state for at least one year before filing for divorce. This differs from other states that impose a mandatory waiting period for all divorces a couple must endure before they are eligible to file.
It’s also important to note that New Jersey still accepts fault-based divorces. This means that you can file on the grounds that your spouse has done something wrong to trigger your decision. A fault-based divorce requires the filer to meet the burden of proof that wrongdoing occurred. Additionally, a successful fault-based divorce may not have a considerable impact on the outcome of your divorce, except in limited circumstances. For example, if you file on the grounds of adultery, you may receive a slightly higher split of assets to make up for the money your spouse spent on their affair.
If you choose to pursue a fault-based divorce like abandonment or substance abuse, these conditions must have lasted at least one year prior to filing, meaning there is a waiting period if you choose to file on these grounds. However, if you wish to pursue a no-fault divorce on the grounds of irreconcilable differences, you do not have to endure a waiting period, assuming you meet the residency requirements.
Are There Different Kinds of Divorce I Can Pursue?
Although many assume that a divorce is one-size-fits-all, it’s necessary to understand that there are different kinds of divorces based on the unique circumstances of each case. Typically, you’ll find that the two main options are uncontested and contested divorces. An uncontested divorce occurs when the parties can each agree on all major factors of the divorce, like alimony, property division, and child custody. Because both parties can agree, the courts do not need to intervene, making this one of the fastest ways to get a divorce.
However, not all couples are on amicable terms and may be unable to work together. As such, their divorce will be contested. This means the court will step in to examine the issues the spouses cannot agree on to determine how they should be handled.
Filing for divorce can be a confusing and complex process, which is why working with an experienced attorney from the Siragusa Law Firm is imperative. Our team understands the emotional aspect of these matters, so we can handle the legal process while you focus on moving on to the next chapter of your life. When you need help, our team is ready. Contact us today to learn more.
