Uncontested Divorce in New Jersey

When couples have decided finally to formalize their split up, achieving an uncontested divorce is the best option. Known as simple divorce, gaining uncontested divorce limits expenses, ends the marital relationship with peace and dignity for both parties. Provided that couples agree on all important issues in accordance to the provisions of the New Jersey divorce law, divorce may be realized without holding a confrontation in a courtroom.

You might decide to represent yourself in uncontested divorce as New Jersey divorce law allows this. However, retaining the best New Jersey divorce lawyer for your legal requirements and processes would ensure that you will not miss on some important rights and entitlements.

During the course of your relationship, your spouse might have revealed to you his/her assets but it is very important that you research further information on retirement fund, insurance or real property other significant assets before filing for divorce by your own initiative. When these items are not considered in the proceedings, you surrender your lawful portion on them.

Assuming that you and your spouse have agreed amicably to annul your marriage and have discussed the disposition of conjugal properties, pension plans, alimony, and child custody, debts and other matters, the main reason for ending your marriage must be based within what New Jersey law allows.

How does a New Jersey court grant divorce?

adultery;

desertion for at least 12 months;

extreme cruelty (described as including any physical or mental cruelty that endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to live together with the defendant);

18 months of continuous separation, with no reasonable prospect of reconciliation;

drug addiction, or habitual drunkenness for a period of 12 or more consecutive months;

institutionalization for mental illness for a period of 24 or more consecutive months;

imprisonment of the defendant for 18 or more consecutive months;

deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.

Living separately entails being apart, living in different places, and the spouses are spending separately their own unique existence. In filing for divorce, New Jersey divorce law requires that a person must be a resident of the state for at least one year. When the ground is adultery that took place in New Jersey, one of the spouses must be a resident.

After establishing the basis, further to achieving uncontested divorce is the commitment to resolve additional concerns over property division (real estate, personal property, cars, bank accounts, retirement funds, business investments, etc.); children (custody, visitation issues, and support); debts (credit cards, loans, mortgage, tax dues, etc.). Unless otherwise the couple has agreed on a specific apportioning of assets and liabilities as a whole or specific on some items, the criteria will be an equitable distribution.

Living separately entails being apart, living in different places, and the spouses are spending separately their own unique existence. In filing for divorce, New Jersey divorce law requires that a person must be a resident of the state for at least one year. When the ground is adultery that took place in New Jersey, one of the spouses must be a resident.

Mutual agreement shall always be the prevailing atmosphere, with or without the presence of counsel, in attaining uncontested divorce. Despite the hardship that the couples may face in facilitating divorce, openness, honesty, and respect for each other are the values that would carry them through.