Divorce is a legal action that terminates a marriage. All states have their procedures in terms of how to obtain a divorce in their state. For instance, all states have residency requirements and legal grounds that must be satisfied for the judge to grant you the divorce.
Either spouse can apply for a divorce, and most states now have a no-fault basis for divorce. This means that neither spouse has to prove fault to get a divorce.
Divorce is a complex legal issue and has several issues attached to it. If you are not familiar with the local regulations regarding divorce as most people, then it is highly recommended that you seek legal advice to understand what you will have to deal with.
Each state has different resources that allow you to research and understand the basic topics that come with divorce. For instance, the Legal Services of New Jersey maintains a directory of regional legal services offices. Moreover, the New Jersey Bar Association also maintains a list of county lawyer referral services that might be useful. All these services can provide you with a meaningful insight into what the divorce process would be like.
Although, these legal services are there to provide you with the necessary help you need. Below are some of the services you can obtain from them:
Besides all the things they can do for you. There are some restrictions on what they are not able to do. Below are some examples of what they are not able to do:
There are several documents or forms you need to initiate your divorce case. Below are some of the common ones used in the majority of divorce cases:
You can locate most of these documents online and file them based on the instructions provided in the forms. If you need further assistance, you can contact your local county courthouse for further details on how to proceed further in your case.
Furthermore, the “ombudsman” is a neutral staff person who answers questions, provides procedural assistance, addresses concerns from the public, and guides court users through the system. But remember that the ombudsman cannot provide you with any legal advice. All court staff must be neutral and impartial. You can learn more about the ombudsman program in your residential state.
Each courthouse has a system they utilize in their state. For example, NJCourts.gov has some basic information on the divorce process and includes the forms you need, as mentioned above.
You must meet certain age requirements to file for divorce or have a guardian do it. If you are filing for divorce, you are the Plaintiff. Your spouse is the Defendant. These are the basic terminology used in all cases filed in court. Therefore, it is useful to familiarize yourself with them to better understand some of the processes.
Different states have unique procedures for filing a divorce in that must. For instance, all states nationwide require that the plaintiff or petitioner must meet the residency and legal grounds mandates before considering filing for a divorce in that state. For example, in New Jersey, You must state a reason for the divorce recognized by New Jersey law, referred to as “grounds” for divorce.
Furthermore, the courts in New Jersey allow for a no-fault basis for a divorce. This means that irreconcilable differences among married couples cannot be resolved. Below are some examples of the criteria needed before filing for a divorce:
Moreover, if you want to file your divorce based on separation, there must be a certain period of the couple living apart. Additionally, if you want to file on the grounds of extreme cruelty, there must be additional evidence based on other factors the judge deems necessary. Other “fault” grounds for divorce include adultery, institutionalization, and incarceration for a long period.
Here are some of the basic steps of filing for divorce, but these can vary depending on which state you reside in:
Keep in mind not to include any personal information that can include social security numbers on the document filed with the court. You need to state your current address and the address of your former spouse. After all the necessary paperwork is completed, there are mandatory filing fees. But these can be waived in certain situations, and it is recommended to contact the court for information.
Please double-check all the information and keep copies for your records. You can also upload the documents into the Judiciary Electronic Document Submission (JEDS) system. Certified mail is recommended. If you mail your papers, include a stamped and self-addressed envelope so the court can mail you a copy of the filed Complaint with the docket number.
If you have any questions about these particular requirements or records, a qualified family lawyer can assist you with the process.
There are many options available to file for divorce. The hardest decision is whether to file for one or not. If you are planning to file for divorce in any state, you should try to familiarize yourself with some of the basic steps and terminology to understand what you must do in your case.
Many resources are available through the local state legal services and county courthouses. They are a great resource for gathering basic information to strengthen your case. Do not hesitate to contact a local divorce lawyer to assist you. Your attorney can provide you with the guidance and advice needed for your particular legal issues.
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