Divorce Basics: State Rules a Divorce Lawyer in NJ Can Help You With

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The Garden State is host to about 500,000 divorced couples, and this number is incrementally increasing each year. It is therefore not surprising, that the state has very stringent rules and laws on divorce.

Divorce Basics: State Rules a Divorce Lawyer in NJ Can Help You With

If you are about to go through this difficult process, you will find that having a reliable NJ divorce lawyer on your side is invaluable. Hiring one will help you understand the complex divorce process and work through them to get to your goal. Here are a few details on NJ state divorce laws that an attorney can help you with:

Residency Requirements

Generally, at least one of the parties should have spent a minimum of one year residency in New Jersey, or have been deemed a “bona fide resident of the state” for at least a year before the divorce proceedings commence. Otherwise, New Jersey courts cannot have jurisdiction over the case.

Grounds for Filing

Adultery is one of the main grounds for divorce in the state. Others include extreme cruelty, separation for at least 18 months without the prospect of reconciliation, voluntarily induced addictions, institutionalization for mental illnesses for at least 24 months during the marriage, and deviant sexual conduct.


Lawyer and California state bar member Lina Guillen writes in Divorcenet.com about the typical cost (before attorney’s fees) for initiating a divorce proceeding in New Jersey:

“The first step in getting a divorce case started in New Jersey is completing a form entitled, “Complaint for Divorce,” and filing (submitting) the form with the Chancery Division of the court. Courts charge fees each time you file legal paperwork. The Chancery Division currently charges $250 to file a divorce complaint. If you have to file any motions (applications requesting relief) in your case, the court will charge you an additional $30 per motion.”

Serving Divorce Papers

Once you have made the decision to get a divorce, you would need to give your spouse notice of your intention, through service. If you and your spouse have mutually agreed to the separation, then the service process should be relatively easy, with the spouse expected to sign the paperwork as an acknowledgement.

Should your spouse refuse to sign, however, you can get a third party to serve the papers. This could be the local sheriff, reliable divorce lawyers in NJ, or any other capable adult who has no vested interest in the case.

Lawyers from reputable firms like Romanowski Law Offices can help make sure that you don’t get into any legal pitfalls in your journey through the divorce process. Divorce can be difficult to cope with on your own, and professional help will be needed to successfully see you through the proceedings’ legal complexities.

(Source: New Jersey Divorce FAQs, Divorcenet.com)