Morris County NJ Divorce Law Firm

The breakup of a marriage can be extremely complicated.  Everything in your life is affected, including your children, your property, and your future income.  Even an uncontested divorce case can be very stressful.

There are two parts to any divorce case. First, one of the spouses must demonstrate to the court that it has the right to grant the parties a divorce. This is done by filing a complaint for divorce with the Superior Court of New Jersey. Grounds for divorce can be “fault” or “no fault”. A court requires the parties to prove certain facts that support their request to get divorced. In New Jersey, this is relatively easy with the passage of the “irreconcilable differences” statute. This is one of the two “no-fault” grounds for divorce. While there are other grounds for divorce, this cause of action is typically used, even in fault cases, because of the low threshold of proof needed to satisfy a party’s burden of moving forward with the divorce.

The second part of the case is the more complicated aspect of divorce.   That is the part of the case involving the resolution of child custody, parenting time and financial rights.  In the typical divorce case, the parties ultimately agree upon the custody and financial issues.  The parties then enter into a written document incorporating their agreement. Then the case proceeds to court as an uncontested matter and a judge grants the parties a divorce incorporating their agreement. In the less typical case, the parties do not agree how to resolve their case and the case proceeds to trial after which a judge decides all of the issues.

There are a number of considerations in any divorce case, even those where the parties agree on most of the issues.  Do not try the DIY approach to divorce.  It is simply too complicated to cover all the issues without a lawyer.  Additionally, you should be looking for an attorney that only practices divorce and family law.  They are far better at predicting the various issues that may arise in any given case.

Remember, you get only one chance.  After the agreement is signed, or the trial is ended, your ability to change anything is extremely limited.  You need to get it right the first time.  Feel free to contact us.  We can explain your rights and responsibilities in any situation.  The first consultation is free, and there is no obligation to do anything after that.