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How Do I Begin the Divorce Process?

Beginning The Divorce Process

Nobody enters a marriage with the intention of getting a divorce. For individuals who have decided that separation is the best option, they are usually left unprepared and unsure of how to start the divorce process. While no two divorces are exactly alike, there are a handful of high level considerations and actions which are important in order to successfully file for divorce in New Jersey. Amongst those is the importance of speaking to an experienced divorce attorney, deciding on fault or no-fault divorce, and ultimately coming to a tenable divorce agreement.

The divorce and family law attorneys of Jacobs Berger take pride in helping local clients navigate the waters of divorce in Morris County towns and across all of Northern New Jersey. Our attorneys work to lessen the financial and emotional stressors of divorce while protecting your legal rights. We view each divorce case as an opportunity to provide the building blocks for our clients’ and their families’ new life.

Call our office today to speak to a qualified and experienced divorce attorney in a strategic planning session regarding your individual needs and concerns when it comes to your divorce.

The Importance of Speaking to a Divorce Attorney

The only way to be confident that you are going through the divorce process in a legal, protected, and informed manner is to work with a qualified Morris County divorce attorney. There is simply no way for a non-legal professional to understand all the complex legalities of divorce. In fact, many family law attorneys will choose to hire a divorce attorney if they are going through a divorce. So why is hiring a divorce attorney such a vital step?

  • Divorce attorneys offer legal advice and a neutral, non-emotional perspective on your standing
  • Divorce attorneys can reduce your stress during divorce by handling much of the processes and paperwork involved
  • You will be avoiding potentially devastating legal mistakes
  • Divorce attorneys will help to draft, negotiate for, and secure a fair and enforceable divorce agreement (more on this below)
  • Our firm in particular offers a network of professionals who can help you manage other aspects of your life during and after your divorce such as career counseling, financial consulting, and mental health services
  • Much more

Divorce Lawyers Define Filing for Fault vs. No-Fault Divorce

All New Jersey divorce filings must have what is known as a grounds for divorce. There are only two basic options: fault or no-fault divorce. Dependent on your circumstances, our Madison divorce attorneys might recommend either of these selections, but the choice is ultimately up to you and/or your spouse.

No-fault divorce is much more common as it requires a lesser degree of proof and is generally less accusatory. Essentially, no-fault divorce means that neither party is to be blamed for your divorce and that the decision is mutual. Couples must either cite irreconcilable differences or prove that they have been living apart for a minimum of 18 consecutive months.

Fault divorce is less common, but may be used when couples do not agree to divorce and one spouse has acted wrongfully pursuant to N.J.S.A. Section 2A:34-2 – causes for divorce from bond of matrimony. It is important to understand that you must prove that a spouse’s’ wrongful actions for fault divorce, while no-fault divorce cannot be rejected as long as the baseline criteria are met.

Divorce Agreement Attorneys Help Resolve Disputes

Once you have spoken to (and hopefully secured the services of) a divorce attorney, and you have decided on filing for no-fault or fault divorce, what next? As discussed earlier, a divorce attorney will handle the nuts and bolts of divorce filings with your input. Your primary concern at this point should be reaching a divorce agreement. These agreements can be reached outside of court through alternative conflict resolution methods such as mediation, or can be made through court judgements. Issues which must be resolved in your divorce agreement can include:

Divison of martial assets

New Jersey marital assets are eligible for division as per equitable distribution regulations. For divorcing parties, this means that most assets which are jointly owned or were acquired during a marriage must be divided equitably (fairly) though often not 50/50.

Child custody

For parents, few issues are more important than child custody. The courts encourage co-parents to come to amicable child custody agreements which are beneficial to the wellbeing and best interests of the child.

Child support & Alimony

The financial considerations of divorce are many, and include spousal support through child support and alimony. These terms can have a major financial impact you and your family for decades to come whether you are on the giving or receiving end.

Contact our Morristown Divorce Lawyers Today

At Jacobs Berger, our divorce lawyers understand that beginning the divorce process is often the most confusing and difficult step. We have extensive experience helping Morris County clients from local communities such as Denville, East Hanover, Morristown, Madison, Randolph, Tewksbury, Dover and across Northern New Jersey through divorce proceedings from start to finish. If you are not sure where to start when it comes to your divorce, lean on our focused experience to guide you.

Contact us online or call our Morristown office by dialing (973) 354-4551 today to discuss your individual needs and concerns regarding your divorce or other family law matter in a strategic planning session.