Filing for Divorce? Getting Started Might Be Harder Than You Think

Divorce is, more often than not, an emotionally charged process. The decision to file should not be entered into lightly; however, once it is determined that it’s what each spouse want, both should do whatever they can to expedite the process in order to spare themselves and, if applicable their children, from having to experience anymore pain than is necessary. The longer a divorce is drawn out, the more money and emotional energy both parties invest in putting something to bed when they can be investing those resources into a new beginning for themselves.

The fact is, however, some couples might not even be eligible for divorce under their current circumstances. In the interest of settling your divorce as quickly as possible, here are some things that all future ex couples should know before they get started.

Before filing for divorce in New Jersey, either spouse must have resided in the state for a minimum of one year prior to filing. The exception to this rule is adultery, in which case either spouse must have been a resident of the state for any amount of time. Additionally, the spouse requesting the divorce has to have been a resident in New Jersey when the reasons for the divorce were initiated and when the divorce was filed. These residency requirements are generally not a problem for couples that have lived in New Jersey for a long time.

When you file for divorce, you’re effectively asking the state to end your marriage. This requires proof of irreconcilable differences and the demonstration of adequate grounds. Commonly accepted grounds for divorce include, but are not limited to:

• Adultery
• Abandonment
• Addiction
• Imprisonment or Institutionalization
• Extreme Cruelty (Physical and Mental)
• Separation

If you are filing for divorce based on extreme cruelty, you have to wait three months until the incident to actually file.

Never underestimate the power of bureaucracy. Any misstep in the filing of paperwork can significantly delay the process and have you playing catch up. Be sure to serve your spouse with the papers immediately and follow up with the courts to ensure that everything is in order.

As involved as this process is, the above steps are usually only the tip of the iceberg. Nobody ever said divorce was easy. Just getting the process can be a taxing ordeal. If you’re planning on filing for divorce, be sure to consult an experienced and qualified attorney to make sure you’re taking the all the correct steps and being treated fairly.

For many years, Graziano & Flynn has been helping clients move through their divorces with minimal time and collateral damage. Contact us today so we can begin to protect your interests regarding spousal support, child custody and more.