Regardless of whether the marriage lasted for two years or twenty years, divorce can be devastating for couples. Some married couples are able to work through their anger and disappointment to resolve collateral issues of divorce such as alimony, child custody, child support, or distribution of property. For other couples, the issues may be too complex to handle on their own. A divorce attorney can help clients get clarity around their legal rights and entitlements during the divorce process. At Nitti & Nitti, we understand how demanding and emotionally exhausting divorces can be.
If you need help with your divorce, we have the skill and resources to help you. Call us at (973) 226-4141 for more information and to schedule your free consultation with one of our Essex County family law attorneys.
In New Jersey, you can have a truly routine, uncontested, no-fault divorce. In fact, you could go ahead and download one of those do-it-yourself divorce kits from the internet and call it a day. An uncontested, no-fault divorce means that neither party has to prove that the other party did something which caused the divorce, and there are no contested issues between them. They are both happy to go their separate ways and are able to settle any issues between them to make the divorce easy and painless.
A divorce can be obtained for any of the following reasons:
The reality is that not everyone is so lucky as to be able to process a do-it-yourself divorce. The complex issues in a divorce can intensify already heightened emotions, which can cloud rational thinking.
While you might think that every divorce is the same, that is not the case, and the law does not handle them in the same way. To illustrate this, you will find that there are different forms and supporting documents that must be filed for the different types of divorce. For example, a no-fault divorce based on the couple’s separation for over 18 months requires a different form and supporting documents from a no-fault divorce based on irreconcilable differences. Likewise, the requirements for a fault divorce based on desertion are different from those for a fault divorce based on extreme cruelty.
The type of divorce will determine the process and the documentation required. An experienced divorce lawyer will be able to advise you on what forms and information you will need to start your divorce process.
Sometimes, the first step to divorce is a separation. Couples who are facing difficulties in their marriage may decide to take some time apart to re-evaluate their relationship with the possibility of coming back together. For some couples, the time apart rekindles the feelings that brought them together in the first place, and they decide to take steps to continue the marriage. For others, a separation cements their resolve to part ways permanently. If you have been separated from your spouse for a long period of time and you want to proceed with a divorce based on that separation, you will need to meet the requirements of the law to do so. In New Jersey, to file a no-fault divorce based on separation, the following requirements must be met:
It may seem hard to understand, but sometimes, people just skip out on their marriage for no apparent reason. Rather than deal constructively with whatever issues they may have in the marriage or take the necessary steps to legally end the marriage, they just leave. A person who has an unplanned absence from the marital home for a week or a month may face some hard conversations with their spouse, but it may not be enough to file for divorce based on desertion. To qualify for a fault divorce based on desertion, you must meet the following requirements:
Whether your divorce is contested or uncontested, no-fault or fault-based, you will need to prepare for the divorce process. Before your divorce complaint is filed, you have to gather as much information as possible to ensure that all issues are addressed based on evidence that is favorable to your interests. What is relevant will depend on what you are asking for in your divorce complaint and the ground your divorce is based on. For example, if your divorce is a fault divorce based on extreme physical and mental cruelty or domestic violence. You will need a record of the dates of the incidents in your complaint. If your divorce is based on separation or desertion, you will need to have the dates to establish when the separation commenced or when your spouse deserted you.
As part of your complaint you will need to include anything that you are asking for from the divorce process. For instance, if you have minor children, you will want to address issues like child custody, child support, and visitation. If there is any relevant information about your spouse’s relationship with your children that may support your position regarding the issues related to your children, you will need relevant documentation that can persuade the courts to make an order in your favor.
When you file your divorce complaint, you will include the things that you want at the end of the process. These things that you ask for are called reliefs. The reliefs you ask for will depend on your particular circumstances and your divorce lawyer will advise you on the best way to protect your interests. At Nitti & Nitti, we understand the challenges of divorce and with our years of experience, we can assess your situation and come up with the best strategy to protect your long-term interests. We have the resources to research and evaluate your situation to support your desired outcome.
The reliefs you can ask for in New Jersey include:
When the cause of divorce is not separation, irreconcilable differences, and there are collateral issues such as child support, custody, visitation, or distribution of property, the divorce is likely to be contentious. It is advisable to use the services of an experienced attorney. Resolving the issues in a contentious divorce requires the skill of experts such as child psychologists, forensic accountants, and estate valuers who can provide valuable evidence.
If you need a divorce attorney in Essex County, reach out to speak with one of our experienced attorneys. Call 973-226-4141 or click here to schedule an appointment for your free consultation.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
