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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.

Fulfillment of Residency Requirements

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.

Establishing Grounds

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.

File the Necessary Paperwork

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.

Client Reviews
Attorney Graziano is one of the brightest and most compassionate professionals which anyone could work with! He is a great advocate and is extremely knowledgable of the judicial system. He made a very unpleasant legal situation a pleasant journey, and he helped keep things in perspective and in a positive light. I fully recommend him without reservation! Danielle
Robyn made the divorce process bearable by making sure I was ok every step of the way. She was a fighter when she needed to be and compassionate the rest of the time. The thing I liked best about her is that she was encouraging when I needed to get my end of the work done. She was reasonably priced and worked hard to get my case settled. I have since recommended her to 3 other friends who have retained her services. Ana Z.
It seemed like my case took forever but I trusted Ron Graziano and listened to what he had to say. Mr Graziano said that the insurance company was not being fair and that we should go to trial. The trial was very nerve racking however he eased my mind and killed them with proof and knowledge. My outcome of my trial brought me to tears of joy. I could never imagine such a good outcome. Listen to him, have faith and you too will be impressed. Robin
After a divorce, my ex-husband was not keeping up with his scheduled child support payments. With the help and knowledge of Robyn Flynn, I was able to resolve this issue. Being a single mother of three children, Robyn Flynn made me a priority. I felt respected by her always keeping me informed and encouraged. She was not only my lawyer, but a friend during a very stressful time in my life. I would never use another attorney other than Robyn Flynn and highly recommend her to my friends as a trustworthy, professional and experienced lawyer. Anna H.
Ron is an extremely trustworthy lawyer. Listen to what he says and have faith in him, you will be as impressed as I am! I couldn't have dreamed of a better outcome in my case. I wouldn't have wanted anyone else to represent me, I highly recommend him to anyone looking for an amazing lawyer!!
His staff is amazing as well!!
Robyn is an excellent litigator and educated/guided me throughout my divorce. She is incredibly gifted in managing your case and fighting for you with opposing consul. Through the dark days she kept me going and helped me get the results me and my children deserved. Chris K.

(Results may vary depending upon your particular facts and legal circumstances.)