If you are married and your relationship is not working out (which can be for a number of reasons), you may be thinking about getting a divorce. If you have made the decision to end your marriage, most likely, you are going through a period in your life that is filled with all sorts of different emotions and a great deal of stress. Your divorce process, especially if it is contentious, may feel as though it will go on forever. That probably means that you want to get it over with as soon as possible.
It’s important to note that New Jersey has certain time requirements for finalizing a divorce.
You want to divorce and move on with your life
The sooner your divorce is finalized, the sooner you can start to heal emotionally. Unfortunately, as much as you want the divorce to move along, it doesn’t mean that it will necessarily happy exactly the way that you want it to. The other important thing to keep in mind is that once the judge rules on your divorce, the details that have been finalized will be set in stone for a long time.
If you have a feeling of wanting to modify any of the terms of the divorce, depending on what has developed since the divorce was finalized, you may encounter difficulties. However, it is certainly not impossible to accomplish that. An experienced New Jersey divorce attorney may be able to work wonders.
What divorce laws should I consider in New Jersey?
In New Jersey, if you want to obtain a divorce, either you or your spouse must have been a New Jersey resident for at least one year. The only exception to that is if the reason for the divorce is adultery. If that is the case, you and your spouse will not need to prove that you have been a resident of the state for a certain length of time. In most states in the United States, you will only need to state (in writing) that the marriage is irretrievably broken and you will not be required to provide specific reasons.
In New Jersey, you may also state that your soon-to-be ex-spouse committed adultery, abandoned you, that there are irreconcilable differences between you, that you have already been separated for a minimum of 18 months, that the spouse has held you captive, institutionalized you, or that the spouse is a drug addict. Some of that is rather delicate and the advice of a knowledgeable attorney may be valuable.
What about alimony in New Jersey?
There are many states that don’t allow alimony but New Jersey does allow it. If you need alimony to be able to live, you should make sure to request spousal maintenance as part of your initial divorce filing. If the alimony is critical to your survival, it is important that you make it clear to the court that you need that support and why.
The court will try to be fair and to consider the situations of both spouses. For example, if one of the spouses stayed home to raise the children and the other spouse worked outside of the home, in the eyes of the court, it would not be fair to leave the person who raised the children without any means of financial support.
Solid advice from a knowledgeable divorce attorney
Once your marriage is over, it is probably over. The solid advice and benefit of the expertise of a seasoned divorce attorney can possibly go a long way to helping you to obtain what you want while protecting your rights at the same time. You will then hopefully be able to walk away with peace of mind and the knowledge that you are ready to move on and create a new life that will be better for everyone concerned.