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Preparing for a Divorce in New Jersey | What to Know

Divorces are common today. Although divorces can be a difficult decision and process to go through, it may be what is best for you, your spouse, and your family. While not all family situations are alike, neither are divorces. If you are considering a divorce, it is in your best interest to reach out to an experienced and dedicated divorce attorney to help you navigate the road ahead. Continue reading to learn more about the process and how Townsend, Tomaio, & Newmark, L.L.C. can provide you with the legal support you need.

What are New Jersey’s state requirements for divorce?

In order to file for a divorce in the state of New Jersey, you and your spouse must have been a New Jersey resident for at least one year before filing your complaint. This condition does not apply, however, if it is a result of adultery.

What are the steps of the process?

Every divorce might look a bit different, however, there are common steps of the process:

  • Case Management Conference
  • Early Settlement Panel
  • Mediation or litigation
  • Final Judgement of Divorce

If you have questions about the process or would like guidance on each step, our firm is here to help you get through this trying time.

What are New Jersey’s grounds for divorce?

The state of New Jersey is a no-fault state. This means that you can file solely for irreconcilable differences, or for separation for 18 months or more. If you would like to, you can file for a divorce for any of the following legal fault grounds:

  • Adultery
  • Desertion
  • Addiction
  • Extreme cruelty
  • Deviant sexual conduct
  • Incarceration
  • Institutionalization for mental illness

When can I obtain a final judgment?

A final judgment will be issued by the court when all outstanding matters are resolved.

Can I choose between mediation or litigation?

Mediation involves a neutral third party that can aid in dispute resolution between both parties. Litigation, on the other hand, involves taking your divorce to court and leaving the decisions and debates for the judge to decide. It is important to note that any determinations made by the court can be appealed to by you or your spouse. It is also important to note that litigation may be more time-consuming and costly than mediation.

If you are unsure about which course to take in your divorce, an experienced divorce attorney can help you choose the best option. Contact Townsend, Tomaio & Newmark today to discuss your case.


If you have any questions regarding your family law matter, you can depend on our legal team to fight for your best interests, every step of the way. Contact Townsend, Tomaio & Newmark L.L.C. today to learn more about how our legal team can assist you.