Divorce Lawyer Newton and Sussex County
Helping you navigate the marriage dissolution process
Beyond the emotional difficulties of divorce, dissolving a marriage also raises a number of practical issues, each of which must be resolved before you can move on with your life. Dividing property, making decisions about child custody and assessing the need for child or spousal support are all crucial matters. While you can and should try to settle these issues outside court, attempting to do so without the help of an experienced divorce attorney may mean missing important issues, or worse, agreeing to an unfair deal because you do not know your rights. At Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. we have helped people in Sussex and Warren County navigate the divorce process for almost 50 years. Our attorneys know how to strike the balance between helping you move on as quickly as possible and ensuring that you leave the divorce with all you deserve.
Requirements for filing for divorce
Under state law, a New Jersey court only has jurisdiction over a divorce if one or both spouses resided in New Jersey for at least one year prior to filing, unless the grounds for divorce is adultery. A court cannot grant your divorce simply because you ask for it. Grounds must exist to justify the dissolution of your marriage. However, a court can grant a no-fault divorce if the spouses have lived separate and apart for at least 18 months, or if irreconcilable differences caused the marriage to break down for at least six months with no reasonable prospect of reconciliation. New Jersey family law also acknowledges the following grounds for divorce:
- Extreme physical or mental cruelty
- Willful desertion for one year or more
- Addiction for one year or more
- Institutionalization for one year or more
- Imprisonment for 18 months or more
- Deviant sexual conduct
The New Jersey divorce process
The process of getting a divorce in New Jersey differs in every case. In some no-fault cases, it is possible to negotiate and resolve issues such as child custody and division of assets before even filing your divorce complaint. Officially, however, the process begins when you file a complaint for divorce with the court. The complaint must state the grounds for your divorce and the issues you need the court to resolve.
If your spouse does not respond or does not contest your complaint, you may be able to proceed with a default hearing in as few as three months. The court will schedule a case management conference in which the judge and the parties determine the documents that the parties need to exchange and the reports that need to be obtained. If you have minor children from the marriage, you may also need to attend a parenting seminar, parenting time mediation, and/or file a proposed custody and visitation plan with the court. During this discovery process, the attorneys often continue to negotiate. You may also elect to try mediation, or the court may refer your case to an early settlement panel. If there are still unresolved issues after these steps, the court schedules a trial in which a judge takes the evidence and resolves all matters in accordance with New Jersey law.
Contact a Newton divorce law firm that can help you move on
The divorce attorneys at Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. can guide you through the process, help you work with your spouse and, if necessary, fight for you in court. You do not have to go through this emotional process alone. If you are considering divorce or were served divorce papers, call us at 862-273-3465 or contact us online to schedule a consultation. Our office is located on the square in Newton, NJ.