If it is decided that the court does not have jurisdiction over the case, it will not be accepted or eventually dismissed. For this reason, and many others, it is important to understand divorce proceedings including the process, common causes, and what to expect from your attorney. For an experienced divorce attorney, contact Mark Yampaglia Law PC to help explain the divorce process and how you can protect your interests.
To be considered a resident in divorce proceedings, either party of the divorce must be a true resident of the state. Additionally, the party must have been a state resident until the beginning of the action. No actions for absolute divorce will begin for any other cause than adultery unless at least one party has been a state resident for a minimum of 1 year proceeding the beginning of the action.
Grounds for Filing Divorce
The grounds for filing must be agreed upon by all parties, substantiated, or one party wishes to prove the grounds for filing in court. Court acceptable grounds for filing for divorce include:
- Willful and/or continued desertion for more than 12 months
- Extreme cruelty (must be filed at least three months after the last incident of cruelty)
- Separation (requires complainants to have lived apart for more than 18 months with no presumption of reconciliation)
- Narcotic drug addiction or long-term drunkenness for more than 12 consecutive months subsequent to marriage
- Mental illness institutionalization for more than 24 months
- Incarceration of defendant for more than 18 months after marriage
- Voluntary deviant sexual conduct by the defendant without the consent of plaintiff
Documents for Divorce
In order to file for a divorce, the plaintiff will need to ensure the residency requirements are met and the reason for divorce falls under the appropriate grounds for filing. Additionally, there are documents that are required for a divorce proceeding to begin. Primary documents required for divorce include:
- Complaint for Divorce
- Judgement of Divorce
Additional documents that may be required include:
- Cover Letter to Clerk
- Case Information Sheet
- Declaration Under the Uniform Child Custody Jurisdiction Act
- Financial Statement for Summary Support Actions
Equitable Distribution State
What this means is marital property will be divided in a fair process. It does not mean the property will be divided equally. Instead, the courts will encourage both parties to come up with a settlement that is fair to both parties.
Factors to Consider in Divorce
If applicable, there are a variety of other issues that will be worked out and settled during the New Jersey divorce proceedings. Additional issues that can be discussed in the divorce proceedings include spousal support, child support, and child custody.
Mark Yampaglia Law PC is ready to help you file or respond to divorce proceedings. With an attorney on your side, you can easily navigate the legal requirements put forth by the state to file and complete your divorce as quickly as possible.