Before you get divorced in New Jersey, you have to make sure that you have met the legal requirements to file your paperwork. Fortunately, these requirements are not too complex, and our Morris County, NJ divorce lawyers can tell you exactly what you need to do.
What Are the Requirements To Get Divorced in New Jersey?
There are a few legal requirements everyone must meet before filing for divorce. The most important are:
Residency: You or your spouse must have been a resident of New Jersey for at least the last 12 months. Even if one of you moved, you can get a divorce in NJ if one of you still lives there and meets these residency requirements.
Grounds for divorce: It’s also necessary to have grounds for divorce. Some people ask for a fault-based divorce, blaming something like adultery or extreme cruelty of their spouse. If you ask for a fault-based divorce, you must also have proof of your allegations. Another option is a no-fault divorce where you simply claim that there are irreconcilable differences. You have tried and there’s just no way for you and your spouse to get past your disagreements and stay married.
Once you have met these legal requirements, you are ready to file your divorce petition with the state. Then you just need to wait for your spouse’s response.
Do I Have to Have a Lawyer?
It is recommended. Divorcing without a lawyer is difficult. You want someone who will stand up for your interests and make sure that you are not being taken advantage of, especially in a contested divorce. So while hiring a lawyer is not technically one of the requirements for getting a divorce in New Jersey, it’s certainly something that you should seriously consider doing.
Are There Other Requirements to Be Aware Of?
We have gone over legal requirements, but you should also make some additional efforts to ensure that you are prepared for divorce. This usually means getting organized and making sure that you have:
- Any relevant financial documents
- Deeds and titles to property
- Friends and family who will testify on your behalf, if needed
- Your own separate bank accounts and lines of credit
It’s also a good idea to prioritize your mental health. Divorce is a stressful process, even if you think that you have prepared for it and it’s the only option. It might be a good idea to have a therapist or at least a support network of friends and family to lean on.
Schedule Your Consultation
When you are ready to file for divorce, contact Townsend, Tomaio & Newmark to schedule a consultation. We can tell you more about the legal requirements and process for getting divorced in New Jersey. Let our compassionate and experienced attorneys assist you in this difficult time.
