A divorce can obviously be very difficult and emotional. It has been my experience that if you understand the basics of the New Jersey (NJ) divorce process and laws, you will feel less anxious because you will know what to expect. In this article I will briefly discuss how the divorce process is started, the length of the divorce process and if you can get divorced even if your spouse opposes the divorce. Beginning the divorce process. There are a number of ways to begin the NJ divorce process. The most traditional method is to file a Complaint for Divorce. The Complaint is comprised of various legal forms and documents that are required by the court to initiate the divorce proceedings. Upon receiving the Complaint, the court will assign a docket number to your legal matter. This docket number is the court´s way of recognizing your case. Upon receiving your Complaint, the court will then schedule you for what is known as a “procedural track”. The procedural track establishes a series of deadlines you and your spouse are required to follow regarding certain discovery deadlines (which is basically the investigation phase of the divorce process), satisfying certain court mandated submissions and engaging in settlement discussions. There are many ways your divorce can proceed from this point and my advice is to contact a New Jersey (NJ) Certified Matrimonial Attorney to discuss the best course of action for your specific divorce matter. How long does the divorce process take? Most people going through a divorce want the entire matter to be over as quickly as possible so that they can move on with their life and obtain closure. Since everyone´s situation is different it is nearly impossible to predict when your divorce will conclude. The rule of thumb I tell my clients is that your divorce, from start to finish, will take as long as the most unreasonable person involved in the process persists. This includes you, your attorney, your spouse and your spouse´s attorney at a minimum. If everyone communicates effectively and they are willing to negotiate in good faith, then the process should proceed faster. However, if someone involved in your divorce process negotiates in bad faith or takes unreasonable positions, then the process will obviously be dragged out. Ultimately, if you and your spouse have an interest in resolving your matter in a shortened period of time, one of the easiest ways to make this happen is to hire a lawyer who will be part of the solution instead of hiring an attorney who is considered to be a “shark” or a “pit-bull”. Many people make the mistake of seeking out these types of attorneys thinking that it will help them get a better settlement. In reality however, these overly litigious attorneys are often only focused on generating huge fees for their law firms by lengthening the divorce process. Can you get a divorce if your spouse will not agree? In the State of New Jersey, the courts will permit you to move forward and obtain a divorce even if your spouse attempts to prevent it by failing to participate in the process. This is generally accomplished by means of a default judgment. Essentially, you will serve your spouse with a divorce Complaint package. Thereafter, if your spouse does not respond to the Complaint within the required amount of time, 35 days from their receipt of the package, then you will serve your spouse with a Notice of Equitable Distribution and Case Information Statement. The Notice of Equitable Distribution contains all of the issues you want to resolve in your divorce matter such as child custody, visitation, alimony, child support, division of all assets, counsel fee obligations, insurance coverage and payment responsibilities. The Case Information Statement provides details specific to your case such as income, assets, liabilities and a monthly budget. These documents are presented to the judge for incorporation into your final judgment of divorce. Your spouse has the right to participate in the final hearing and oppose your requests, but if your requests are fair and reasonable, the judge will most likely accept them and grant you a divorce decree. To learn more about New Jersey divorce and family law related issues or to download a free copy of my divorce guide, visit my web-site at www.weinbergerlawgroup.com. Attorney Bari Weinberger is the Associate Author of the book New Jersey Family Law Practice, utilized by virtually every NJ family law attorney. She also served as child custody new jersey lawyer for domestic violence nj, nj restraining order
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