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While this number may come as a shock, unfortunately many individuals have already been impacted by infidelity within their own relationship or marriage. Many of our clients will then ask: when a marriage ends due to adultery, does that have a material impact on divorce proceedings in New Jersey? No fault divorces are much more common than fault divorces in New Jersey. Fault divorce can be filed on the grounds of misconduct by a spouse during the marriage.
One of the accepted types of misconduct is adultery. Your Morris County divorce lawyer may recommend filing for fault divorce if you are able to prove misconduct by your spouse and you believe that the added burden of proof is worth the potential pay-off as we will discuss in greater detail below.
12 Common Misconceptions Regarding New Jersey Divorce Law - Divorce in NJ
For spouses who have been the victim of marital misconduct, there is no obligation to file for fault divorce. You should consult with your Morris County divorce attorney to determine the best course of action based on your individual circumstances. Many divorcing couples understand that although their marriage is dissolving, it is not worth the hassle of going through a contentious legal battle to prove blame, find fault, and so forth. Many parents choose no-fault divorce to show their children that they are still going to be able to work together as successful co-parents.
Along those lines, fault based divorce involves airing your dirty laundry in a public setting. There are multitude of ways to go about the divorce process in a more private, collaborative manner which may not involve trying to prove adultery in court. Residency Requirements Either the petitioner the spouse who is filing for divorce or respondent the other spouse must have lived in the state of New Jersey for at least 12 consecutive months before filing for divorce.
The spouses must have experienced irreconcilable differences for at least 6 months, or have lived apart for a minimum of 18 consecutive months, without foreseeable reconciliation. Fill out your forms When filing for a no-fault divorce in the Chancery Division, Family Part, you'll need to complete various forms.
Everyone should complete the Petition-Marriage Form and the Summons Form, and couples with children must complete several additional forms.
No Fault Divorce
If you're located outside of New Jersey, call and ask to be transferred to the hotline. If both parties are in agreement with the terms of the divorce they can proceed with completing a Divorce Settlement Agreement using Rocket Lawyer's easy interview process. This document clarifies the terms of the agreement prior to proceeding with starting the action.
Make Copies of your Forms Once you have filled out the appropriate forms, make at least five copies of each. The original set and two copies will be sent to the court, and two should be kept for your records and for later use. Make sure all the blanks of your complaint and other documents have been completed and filled in, and each document has been signed and dated. Bring your Completed Forms to your Court Clerk's Office and Pay the Fee You'll also want to make sure you have enclosed a check for the filing fee and, if you and your spouse have children, the fee for the Parents' Education Program.
Do not enclose the check if you are asking for a filing fee waiver. Prepare and enclose a self-addressed, stamped envelope so the court can return your filed copies to you. Once your documents have been filed, you will receive a docket number, which you should write on all of your photocopies.
Separation Grounds Still Available
It is also a good idea to make three copies of each filed document, as you may need them later. If your spouse lives in another state or country, make sure to consult a lawyer before filing.
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How to File for No Fault Divorce in New Jersey - State Requirements and Documents
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