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Common Questions About A New Jersey Divorce

paper family cut in two

A New Jersey couple that is considering divorce or is in the process of getting a divorce will have many questions. A divorce is a major part of a person's life and while it can be a sad and stressful situation to end that chapter of one's life, there can be many positives associated with getting a divorce. A relationship that was simply not working is not healthy for either the spouses or their children and a divorce can help everyone make a fresh start. If the situation had grown untenable as a result of adultery, drug and alcohol abuse, physical abuse, incarceration, abandonment or other profoundly negative reasons for a divorce, it might be best to simply move forward and divorce to rectify the situation. Prior to moving forward, however, it is wise to have the answers to certain questions regarding how a divorce will work and might affect your life and the lives of your children.

What Are The Costs And Residency Requirements For A Monmouth County Divorce?

To begin a divorce proceeding, a “Complaint forDivorce” form must be filed with the Chancery Division of the New Jersey court. There are fees every time paperwork is filed with the court and there is a $250 charge by the Chancery for a divorce complaint. For every motion filed in the case, there is an additional charge of $30. Regarding residency requirements to file for divorce in New Jersey, it is generally required that you are a resident in the state for one year in order to file for divorce.

Is It Necessary To Hire A New Jersey Divorce Attorney?

There is no law that requires a person who is divorcing to hire an attorney, but representing oneself in a divorce proceeding is not a smart idea and might end up costing more in the long run than it would be to hire a qualified New Jersey divorce lawyer. If the case is an easy divorce in which the sides are mostly in agreement on the issues and would just like to get it over with, then the cost associated with obtaining a divorce will be manageable. But if the opposing spouse has an attorney representing him or her, it is a good plan to have a lawyer to protect your rights. With a contentious divorce assets, property, a business, and children as part of the equation, it is usually wise to have an attorney. Costs of hiring an attorney can vary and the longer a divorce proceeding goes, the more work an attorney will have to do in the case and the more expensive it will be.

What Are The Grounds For Divorce In NJ?

couple spliting up

If a couple has irreconcilable differences that they are unable to resolve, New Jersey will allow them to divorce. The couple can also file for divorce if they have lived separately for at least 18 months or if there have been instances of adultery, physical abuse, mental abuse, abandonment, deviant sexual conduct, substance abuse, or incarceration.

Can Alimony And Child Support Be Paid During The Divorce?

Is it possible for one spouse to be required to pay alimony to the other during the divorce process? The answer is yes, a court can order support to be paid during the pendency of the divorce. This alimony might be temporary and only last through the divorce proceeding, or it might be open durational in nature. If there are children involved, the custodial parent might not have the means to care for the child and the non-custodial parent will be required to pay child support during the divorce proceeding and after it is concluded.

Contact An Experienced New Jersey Attorney With Your Questions

If you or a loved one are in the process of a divorce or thinking about a divorce in Toms River, Lakewood, Barnegat, Forked River or any other New Jersey town, you will have many questions regarding the process and the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach is here to answer them. The above-listed questions are only a few of those a person who is getting divorced will have. From the serving of the papers to the requirements to file for divorce to how much an attorney might cost to child support, alimony and questions following the completion of the divorce, Villani & DeLuca, P.C. can help. Whether you are getting divorced or thinking about a divorce in Ocean County, Monmouth County or anywhere else in New Jersey, contact Villani & DeLuca, P.C. with your questions and receive a FREE case evaluation today. 

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.