Family Law: Divorce
Divorce can be tough on an individual. These times are emotional and stressful. Add to it the confusing and complicated legal process, and a person can quickly feel overwhelmed. Even though you may feel you can get through this on your own, it is highly advised to obtain an attorney with advanced family law knowledge to help you navigate through all the laws and regulations. An attorney ensures that your rights are protected, and you get what you are owed.
The first step towards getting a divorce is filing a Complaint for Divorce, which addresses the issues of alimony, child custody, parenting time, property division, and such. The response of your partner determines whether the divorce will be contested or uncontested. If they challenge your stance on any of the matter, it will be a contested divorce that can be settled either through negotiations and out-of-court settlements, and if not, then proceeds to trial. In an uncontested divorce, you and your partner discuss and negotiate the terms through your attorneys, reach a settlement, and divorce on mutual understanding. It is a cost-effective and time-saving option out of the two. A third alternative is also available in the form of family mediation, collaborative law, and arbitration.
The Complaint for Divorce also requires you to declare the ‘grounds for divorce.’ Although New Jersey is a ‘no-fault’ state, it still allows fault-based divorces. In the state of New Jersey, divorce can be filed based on nine reasons, provided that either spouse has been a resident of New Jersey for one year or more. These reasons are:
- Irreconcilable differences:
Failure to get along for six months or more leading to marriage breakdown with no reasonable belief of reconciliation
You and your spouse have been living apart for eighteen months or more with no reasonable belief of reconciliation
Your spouse is in an intimate relationship with another person
Your spouse has been gone for twelve months or more
- Extreme Cruelty:
Physical or mental abuse by your spouse puts your well-being at risk and makes it unreasonable to live with them
Addiction to narcotics or habitual drunkenness for a period of twelve consecutive months or more after the marriage but preceding filing of complaint
Institutionalization of your spouse for mental illness for a period of twelve consecutive months or more after marriage but preceding filing of the complaint
Your spouse has been imprisoned in jail for a period of eighteen consecutive months or more after marriage
- Deviant sexual conduct:
Your spouse engages in ‘deviant sexual conduct’ with you without your consent
Our New Jersey divorce attorneys at Bhuchar Law Firm analyze each client’s individual situation carefully to come up with the best solution for them. Sometimes what you want is not what you need. While the goal is always to settle matters through negotiations, we are willing and prepared to take the case to court for trial. Our lawyers will not settle down for anything less than what you rightfully deserve. According to the law, all assets and debts are to be “equitably” distributed among the spouses based on various factors. We keep you informed through the whole process, seamlessly guiding you at every step. Bhuchar Law Firm is by your side in your challenging times to secure your future.