Where can you get help with marital problems?
An attorney, religious leader or social agency can refer you to a marriage counselor, psychologist or special service group for advice about solving family problems. If separation or divorce cannot be avoided or is in your best interest, an attorney can guide you in the steps that are necessary to protect your rights.
What will a lawyer talk about during the first conference?
In most cases, a lawyer will discuss several topics, including:
- The possibility of solving marital problems through counselling
- Assistance to you as a parent in meeting your children's needs
- Dissolving the marriage by divorce
- Financial matters involving child support, alimony, real estate and personal property;
- Legal rights of the parties
- Court procedures
- Procedures in the lawyer's office for handling the case
- Legal fees and court costs.
How is a divorce started?
The lawyer for the person seeking the divorce will file a formal document (called a complaint) with the appropriate court. This complaint includes information on the marriage, residency, present living arrangements, children of the marriage, previous court actions (if there are any) relating to the marriage, and the specific cause claimed for seeking a divorce. A copy of the complaint will be served on the spouse, either by mail or in person by the sheriff, or on the spouse's attorney.
What should I do if my spouse has filed for divorce?
You should consult an attorney for advice right away. You may contest the reason claimed for the divorce, or contest child custody, support, alimony, and/or property division by filing the proper papers and appearing in court.
Or you may allow the case to be decided by default if you do not contest any part of your spouse's complaint and if you do not want to say anything to the judge. However, you will be bound by the judge's decision. Failure to follow court orders could result in a contempt-of-court conviction.
Even if you and your spouse have reached an agreement on support, alimony, property distribution, or other issues, each of you should seek a review of the agreement by your own independent attorney.
Your attorney will let you know what your rights are, choices you can make and any possible consequences of actions you might take.
How long does it take to get a divorce?
The time it takes to get a divorce depends on many factors, including the degree to which you and your spouse have agreed on related matters, and on the current backlog of matrimonial cases in your county. Your lawyer can offer some general guidance on the length of delay that you might expect in your divorce, A general guide, however, is that if both the husband and wife have agreed on all aspects of the divorce, a final court ruling will usually take three or four months. If aspects of the case are contested, a final decision may be anywhere from eight or nine months to several years depending upon the complexity of the case and the backlog in your county.
Will the court make any temporary decisions?
If it is necessary, the court can make temporary decisions about:
Custody of minor children
Alimony and child support
Who will live in the home that you and your spouse shared
Disposal of property to ensure payments of support or to protect a spouse's share in the property
Visitation rights for the spouse who does not have physical custody of the children
Any other temporary orders at the request of a spouse or because the judge believes it will be in the best interest of justice
What happens while I am waiting for the court decision on a final divorce?
After all papers are filed, there is usually a delay of several months before a judge can hear the case. During this time, the attorneys for both sides try to help the parties settle financial questions and other differences. The husband and wife may sign a written statement agreeing to a particular division of marital property and financial obligations. This document may also include the wishes of the husband and wife concerning child custody, support and alimony.
What are the grounds for divorce in New Jersey?
Under New Jersey law, a divorce maybe granted for any of the following causes:
- Adultery
- Willful and continued desertion for 12 or more months. Either physical desertion or refusal to have sexual relations with the other spouse may establish this cause.
- Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable. The law requires, however, that no complaint for extreme cruelty can be filed with the court until at least three months after the last act of cruelty listed in the complaint.
- Separation, if separate and different places of living have been maintained for at least 18 consecutive months or more and there is no reasonable prospect of reconciliation.
- Voluntarily induced addiction or habituation to a narcotic drug or habitual drunkenness for 12 or more consecutive months.
- Mental illness that resulted in the spouse being kept in an institution for 24 or more consecutive months after the marriage was begun. Imprisonment of the spouse for 18 or more consecutive months after the marriage was begun. (This cause for divorce can be charged after the defendant's release from prison only if the husband and wife have not resumed living together after imprisonment ended.)
- Deviant sexual conduct voluntarily performed by the defendant without the consent of the spouse.
- Incompatibility or irreconcilable differences is not grounds for divorce in New Jersey.
What is a "no fault" divorce?
"No fault" is the term some people use to describe a divorce based on separation in different homes for 18 or more consecutive months. If a husband and wife have lived separate and apart for that length of time, either may file for divorce. You must be separated for 18 months before you can file for divorce under "no fault" since the length of separation is the grounds for divorce. All of the other causes are fault grounds-and fault must be proven.
Who will get custody of the children?
The welfare of minor children is of major concern to the court. Property rights and welfare of the adults involved are secondary. Neither parent is entitled to custody of any children automatically. The judge may consider many factors that will be discussed in court at a hearing. The factors may include the age and sex of the children, compatibility with each parent, ability of the parent to care for the children and the personal conduct of each parent. Some courts maintain mediation programs to assist the parties in solving these issues for themselves.
Will there be alimony? Support?
The judge will decide these and other issues after receiving all the evidence. You are required to file a financial disclosure form called a Case Information Statement. Your lawyer will help you make your needs and wishes clear to the judge.
Who will get the property?
In New Jersey each spouse is entitled to a fair share of all property acquired during the marriage. The judge will decide on an "equitable distribution" of property after hearing testimony. Equitable distribution is not necessarily a 50%-50% division, because New Jersey laws do not establish "community property."
When is a divorce final?
When the judge issues an order declaring that a marriage has ended under the laws of New Jersey, the divorce is final.
Are all arrangements final after the judge has made the divorce?
Not necessarily. After a divorce is final, changes in some arrangements (like custody, visitation and support) may be considered if either party can show a judge that situations have changed. A modification in financial arrangements may be called for if there have been changed circumstances that substantially hurt the dependent spouse's ability to maintain the standard of living which was reflected in the original decree. Criteria that may influence the court to order a modification might include inflation, a decrease or increase in the supporting spouse's income, illness, disability, the decision of the dependent spouse to live with another person or a new job. Be aware, though, that each individual case will be considered on income, assets and need.