Serving Clients Who Need A No-Fault Divorce
The Morristown divorce attorneys of Laufer, Dalena, Jensen, Bradley & Doran, LLC, have helped many clients in towns like Morris Township, Madison and Parsippany resolve their no-fault divorces. A New Jersey no-fault divorce can be filed for by anyone who feels that their marriage has had an “irreconcilable difference” for at least the past six months. While your spouse cannot contest a no-fault divorce itself, he or she can contest the exact terms of your divorce settlement, including issues such as child custody, child support, alimony and division of marital assets. Anytime you are deciding these critical issues, it is important that you retain the services of an experienced and effective Morristown divorce attorney to protect your rights throughout the process and help secure the settlement you need and deserve.
At Laufer, Dalena, Jensen, Bradley & Doran, LLC, our attorneys practice family law exclusively. This means we are intimately familiar with the many nuances of divorce and can provide you with informed and professional legal counsel for any divorce-related issue you may have. If you are going through a divorce or are considering it and would like to discuss your options, contact our law team today for a confidential and comprehensive consultation.
How To File For A No-Fault Divorce
Before filing for a no-fault divorce in New Jersey, it is important to ensure that you meet the filing requirements. New Jersey law states that either the plaintiff (the person filing for the divorce) or the defendant (the person receiving the divorce complaint) must have lived in New Jersey for at least 12 consecutive months before the divorce is filed. Additionally, an “irreconcilable difference” must have existed in the marriage for at least six months. An irreconcilable difference can be any issue the couple cannot agree upon that causes it to appear that the marriage should end, and most often, the irreconcilable difference cited in the divorce complaint is the fact that one party wants to divorce and the other does not. If your situation meets these minimum requirements, you can begin the New Jersey no-fault divorce process by following these steps:
- Consult with a Morris divorce attorney — Many documents must be filed precisely and on time for your divorce to proceed, and failing to do so can result in your divorce complaint being denied or being forced to start over. Additionally, key issues regarding your future (both financially and regarding your relationship with your children) will be decided during the divorce process, and having a divorce attorney who can protect and fight for your needs and interests is of extreme benefit.
- Determine the proper venue for your divorce proceedings — Divorce complaints are heard in superior courts, and the county where you or your spouse lives will determine which court will hear your case. Morris County residents will file divorce papers with the Vicinage 10 court, which serves Morris and Sussex counties. Again, if you file in the incorrect location, your divorce may be denied or you may be forced to start over. For a complete list of New Jersey superior courts and where to file your uncontested divorce, use this link.
- File the initial complaint — The person filing for the divorce (the plaintiff) will prepare and file the initial complaint and other associated documents. It is highly recommended that you consult with your Morris County divorce attorney for help drafting and filing these initial documents.
- Serve the divorce complaint — Now that the divorce complaint has been filed with the courts, it must be served to the plaintiff. There are specific rules regarding how they must be served that depend on your circumstances. Consult with your Chatham divorce attorney to determine the correct method for serving your spouse with these papers.
- Negotiate your property settlement agreement — Perhaps the most important part of the divorce process, your property settlement agreement will govern exactly how your marriage’s assets and debts are divided following the divorce and will determine key issues such as child custody and visitation times, support payments like child support and alimony, and all other issues related to the termination of a marriage. If you cannot agree upon final terms with your spouse, these issues will be heard in court and decided on by a judge. It is critical that throughout this process, you retain the counsel and guidance of an experienced Randolph divorce attorney to ensure that any agreements you sign are legal, fair to you and protect your financial future.
- Attend the final hearing — Once you have either negotiated a property settlement agreement with your spouse or a judge has drafted one for you, you will need to attend the final judgment hearing, where the judge will review all of the associated paperwork, ask any final questions and, if everything is in order, grant your divorce.
As you can see, filing for and receiving judgment on a no-fault divorce is a complicated process. While your spouse cannot deny you the divorce itself, he or she will almost certainly retain legal counsel to help secure the most favorable property settlement agreement possible, and it is important that you do the same. Hiring an attorney to protect your interests doesn’t have to make your divorce more contentious. In fact, your Morristown divorce attorney can help you and your spouse make some of the difficult but necessary compromises any divorce involves and can help you negotiate peaceably, but effectively with your spouse and his or her attorney.
Contact Our Divorce Attorneys Today
The family law team of Laufer, Dalena, Jensen, Bradley & Doran, LLC, features many members nominated to the 2017 Super Lawyers list as it relates to family law, many of them nominated for multiple years running. Super Lawyers is a rating service for outstanding lawyers who have attained a high degree of peer recognition and professional achievement, and the selection process includes independent research, peer nominations and peer evaluations. For a complete list of our highly rated attorneys and their years of inclusion to the Super Lawyers/Risings Star lists, you can view our attorney profiles or the section below.
Our divorce attorneys have extensive experience helping clients across Chatham, Mount Olive, Morris Township, Randolph and the surrounding communities to favorably resolve no-fault divorces and ensure that their rights and interests are protected in matters such as complex asset division, child custody, child support and alimony. We have the experience, legal knowledge, work ethic and compassion you need to guide you through any divorce process, no matter how complex or difficult it may initially seem.
To speak with one of our attorneys today in a free and confidential consultation regarding your no-fault divorce and any other related issues you may have, contact us online or through our Morristown office at 973-975-4043.