What Are the Legal Requirements for Getting a Divorce?
When you want to file for divorce, you need to make sure that you meet all local legal requirements before you submit any paperwork. The rules can vary from state to state, but not to worry. Our Morristown divorce attorneys can tell you what New Jersey requires.
Are There Residence Requirements?
If you want to get divorced in New Jersey, you first have to meet residency requirements. This means that you or your spouse must have been an NJ resident for at least 12 months in a row. You can file if you or your spouse meet the requirements, even if both of you don’t. Evidence of meeting these requirements can include valid IDs with an address, voter registration cards, and sworn statements from others who are willing to testify that you or your spouse live in the state.
Is Having Grounds for Divorce One of the Requirements?
You also have to have grounds for divorce, a valid reason to split up. You can opt for a fault-based divorce by using reasons like extreme cruelty or adultery. Just know that you would have to prove any accusations that you make.
This is why it’s often easier to just opt for a no-fault divorce. You can choose this route if your and your spouse have been separated for 18 months or longer. You can also cite “irreconcilable differences.” This means that you do not see any way to get past any disagreements that you have and that you cannot keep your marriage intact as a result.
Do I Need a Lawyer?
Representing yourself in divorce court may not be a good idea. Court staff can answer some basic procedural questions for you, but they cannot offer you advice or prevent you from making any errors.
A lawyer can help you stand up for yourself and fight for a fair divorce agreement. They can make sure that you are not taken advantage of. They can also help you if you need the services of other professionals, like forensic accountants who can seek out any hidden assets.
What Else Can I Do Before My Divorce?
There are also things that you should do before a divorce, even if they aren’t one of the legal requirements. We recommend getting organized and getting all of your financial documents gathered together. You should also prepare to untangle your financial life from your spouse’s. If you use a joint credit card, get a line of credit of your own. If you have other shared assets, think about what you want to become of them.
Contact Our Divorce Attorneys
If you are ready to file for divorce and you want to make sure that you meet any and all legal requirements, contact Lazor Rantas, PC. We can schedule a consultation and tell you more about what an experienced divorce lawyer can do for you.
