Of all the experiences you will have in life, a Divorce is one of the most stressful. You may feel as though you are on an emotional rollercoaster, but you will still have to make important decisions that will affect the rest of your life. You should not go through this alone. A Totowa divorce lawyer can prepare you for the process, ensure no mistakes are made, and help you navigate legal challenges for the best possible outcome. You should call The Law Office of Erin L. Thompson, LLC for the best divorce representation.
One of the best ways to prepare for the divorce process is to understand the different steps involved. These are as follows:
Many of the above steps are only necessary in the event that the parties are unable to resolve their case.
The divorce process does not always have to be a long and contentious one. Uncontested divorces are much more straightforward, as the two parties involved reach an agreement on all terms. There are no disputes regarding child custody, child support, property division, alimony, and more. When a couple disagrees on even one element of their divorce, the case becomes contested.
A contested divorce, on the other hand, is one in which the couple cannot agree on all terms. In these cases, couples cannot simply decide to go to trial. Before a trial date is set, the couple must make all attempts to resolve their issues through settlement discussions, court appearances, Early Settlement Panel, and Intensive Settlement Conferences..
New Jersey law provides many different grounds for divorce. The most common grounds for filing is Irreconcilable Differences which is essentially a legal term for when one party has decided they no longer want to be married. To file a Complaint for Divorce based upon Irreconcilable Differences, a person must state that there have been irreconcilable differences in the marriage for a period of at least six months. Another way to file a no-fault divorce is to live separately and apart for at least 18 consecutive months and state there is no chance of reconciling.
Filing on the grounds of fault is possible in New Jersey, but it is less common. When filing on the grounds of fault, one spouse accuses the other of being the reason for the breakdown of the marriage. Some grounds of fault include imprisonment, extreme cruelty, and adultery. People who file on the grounds of fault must also prove their accusations.
All states have residency requirements when it comes to divorce, and New Jersey is no different. To file for divorce in Totowa, or any other city in New Jersey, you or your spouse must have lived in the state for at least 12 months. Adultery is the only cause of action which does not require 12 months residency in the State of New Jersey.
Going through a divorce is never easy. You will have many decisions to make, and it is sometimes difficult to know what is best. At The Law Office of Erin L. Thompson, LLC, our Totowa, NJ divorce lawyer can help you navigate the process and will inform you of the law and your rights guaranteed under it so you obtain the best possible outcome. Call us now at (973) 653-9036 or fill out our online form to schedule a consultation and learn more.
Equitable Distribution is the legal term for the division of property, assets, and debts that were acquired during the course of your marriage. This can include the selling or division of the net equity of the marital residence, the division of retirement accounts, and the allocation of debt acquired during the marriage. Like all other issues in divorce matters, there is no cookie-cutter resolution to equitable distribution. Each individual case is unique, and if necessary, may require an expert. These experts may include real estate appraisers, forensic accountants, or employability experts. It is important to retain an attorney that understands the complex issues that arise out of the division of assets as it will have a lasting effect long after the entry of the Judgment of Divorce.
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The process for filing for divorce in Totowa, New Jersey typically involves filing a complaint for divorce with the court, serving the complaint on the other party, and then participating in any court proceedings that may be necessary to resolve any outstanding issues, such as property division or child custody.
In Totowa, New Jersey, property division in a divorce is typically governed by the principle of equitable distribution. This means that the court will divide the couple’s property in a way that is fair and equitable, taking into account factors such as the length of the marriage, each party’s contributions to the marriage, and each party’s financial needs.
The grounds for divorce in Totowa, New Jersey include irreconcilable differences, which means that the parties have grown apart and the marriage cannot be saved, and extreme cruelty, which involves physical, emotional, or mental abuse.
Yes, Totowa, New Jersey recognizes no-fault divorce, which means that a divorce can be granted without either party having to prove fault on the part of the other party.
Mediation is a process where a neutral third party helps the parties in a divorce to reach a mutually acceptable agreement on outstanding issues such as property division and child custody. Mediation is not required in a divorce in Totowa, New Jersey, but it may be ordered by the court or agreed to by the parties as a way to resolve disputes outside of court.
While it is not required to hire a lawyer if you are getting divorced in Totowa, New Jersey, having an experienced attorney can be very beneficial in protecting your rights and interests throughout the divorce process. An attorney can help you understand your legal rights, negotiate a settlement, and represent you in court if necessary.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.