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What is the First Step in the New Jersey Divorce Process?

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Taking the first step in the divorce process can be scary and intimidating. Although it can be complex, working with a skilled attorney can help you feel more at ease. Reach out to one of our experienced Union County divorce attorneys for comprehensive legal counsel and representation during your divorce.

What Do I Have to Do to Prepare for Divorce?

There are many things that must be considered before officially beginning the process of divorce. You should always take your time and consider every possibility, but once you know that this is the best solution for you it is important to understand the necessary steps.

First, check the residency requirements. In New Jersey, either you or your spouse must have been a resident of the state for at least the past 12 consecutive months to be eligible to file. There may be an exception to this depending on the grounds for your divorce.

The grounds for divorce are the reasons that you are deciding to end your marriage. They can include a multitude of reasons including the following and more.

  • Adultery
  • Incarceration
  • Cruel and inhuman treatment
  • Abandonment
  • Irretrievable breakdown of the marriage
  • Irreconcilable differences

Once you have collected this information along with your marriage license and other documents, you can take your first step towards officially getting divorced.

What First Step Should I Take When Getting Divorced?

Once the above is completed your first step toward getting a divorce is to file an official Complaint for Divorce with your local NJ Superior Court. The complaint will detail your and your spouse’s personal and contact information, the grounds for your divorce request, and various other information. Filing this document starts the process but there are still many parts left in the process.

What is the Rest of the Divorce Process in NJ?

For many people taking the first step is the hardest mentally and emotionally. However, once you have officially filed the Complaint for Divorce, it may be easier to complete the rest of the process. Besides the first filing below are the steps required to officially terminate your marriage in NJ.

  1. Case management: Your spouse will be served with the divorce papers and your case will be given a docket number. Your spouse will respond to the complaint.
  2. Discovery: During the discovery process each party’s attorneys exchange necessary information including financial assets, debts, income, real estate, and more.
  3. Negotiations: It is wise to attempt to settle any issues before going to court. You and your spouse can attend mediation or other negotiations to discuss alimony, asset distribution, child custody, and more.
  4. Trial: If the divorce issues cannot be agreed upon the case will go to trial and a judge will decide on the unresolved topics.
  5. Finalize: After the trial or evaluating the details of your settlement, the judge will finalize the divorce with a decree, officially terminating the marriage.

Contact a Divorce Lawyer Today

The divorce process can be daunting and complex. It is important to be informed of your rights during your separation to ensure a fair outcome. Speak to an experienced divorce attorney for skilled representation during your case.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

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