Divorce Attorney in Red Bank, New Jersey
When a couple cannot continue a relationship, they may have to get a divorce. Though it is hard to consider, divorce can help individuals move on to something better. The divorce process is based on the need to resolve marital issues. When a couple can resolve marital issues outside of court, it is called an uncontested divorce. For these, the process is simplified and the court will pass down a Final Judgment of Divorce, ending the marriage. When a case is contested, the issue becomes more complicated. It is important to consult with an experienced attorney when getting a divorce, contested or uncontested. Though your divorce may be uncontested, it is important to have representation to protect your rights and ensure that you are not exploited. If you are facing a contested divorce, our firm can provide knowledgeable guidance and effective counsel through the matter. To schedule an appointment, contact The Law Offices of George J. Mardinly.
Jurisdiction
Whether you are getting a contested or uncontested divorce, the court that will finalize your divorce must establish jurisdiction. In order to do so, the couple must satisfy New Jersey’s residency requirement, a prerequisite to the divorce process. The residency requirement mandates that one or both parties continue to live in the state or have resided in New Jersey for at least a year prior to the filing.
Grounds for divorce
New Jersey is a “no-fault” divorce state, but not a pure one. An individual may use no-fault divorce grounds to start the process, including:
- Irreconcilable differences for at least 6 months
- Separation for at least 18 months
New Jersey also allows for a couple to use fault grounds to start the proceedings, including:
- Adultery
- Desertion
- Extreme cruelty
- Substance abuse
- Institutionalization
- Imprisonment
- Deviant sexual conduct
Choosing between fault and no-fault grounds can be difficult. Fault grounds can be contested, complicating the matter before any of the real issues are addressed. With this in mind, people are turning towards no-fault grounds to start the process faster.
Issues in a divorce
Divorce cases are based on the unique circumstances of the couple. Generally, most couples will have to address the same four issues. These include:
- Spousal support
- Child custody
- The division of assets
- Child support
In an uncontested divorce, these issues are resolved before the case goes to court and a couple can just wait for the Final Judgment of Divorce. When a couple faces a contested divorce, the court case could be based on one or all issues. When a couple goes to court, it is important to retain effective legal services.
How long will the divorce take?
It is very difficult to determine exactly how long it will take to complete a divorce. The issues in an uncontested divorce may be resolved, having the couple waiting for the Final Judgment longer than it takes to come to an agreement. If the couple’s issues are deeply contested and no resolution can be had, the process will take much longer. Generally, most divorce matters are concluded within a year, some within a few months.
Contact an experienced Monmouth County
Divorce is a complicated matter. It is important to have the legal support you need to move on as quickly as possible. Our firm believes that diving into a court battle should be a last resort and we will work to resolve your issues as quickly as possible. When litigation is the only option, our firm will effectively and zealously represent your legal needs. To schedule an appointment, contact The Law Offices of George J. Mardinly.