Divorce Lawyers Bergen County NJ - Filing Procedures And Grounds
Almost 50% of the marriages in the USA end in divorce and various studies claim that in every 13 seconds, one marriage gets dissolved. This equates to around 2,419,196 dissolution cases in a year. These are the statistics of the USA alone; the statistics would be shocking if you consider every country on this planet.
Even though divorce has various physical as well as emotional effects on immediate family members and children, the attorneys at the Law Offices of SRIS, P.C. make it clear that a toxic relationship can have the worst effects on the spouses’ personal and professional life. Divorce Lawyers Bergen County NJ further states that before you consider requesting for a dissolution, you need to have a strong idea about the do(s) and don’t (s) of the process.
According to Divorce Lawyers Bergen County NJ, filing a complaint is the most important step towards seeking a divorce. Before considering your complaint, you will be required to state the reason why you wish to leave your spouse. If you have contacted a good Divorce Lawyer in Bergen County NJ, they will explain to you the important grounds for dissolution and will also help you with your doubts about dissolution filings in New Jersey.
Grounds for Divorce in New Jersey
While filing for a divorce, the person seeking it will have to state an appropriate reason as to why they wish to leave their spouse. Hence, divorce lawyers in Bergen County NJ explain that it is mandatory that a person seeking dissolution, should be aware of the basic grounds on which a dissolution request can be made.
It Is Important To Hire A Lawyer Familiar With The ProceHere are 10 major grounds to consider:dures In The Mercer County New Jersey Court
1 - Irreconcilable Differences
Divorce Lawyers Bergen County NJ state that this complaint is for couples who see no hope of saving their marriages. There should be evidence that the marriage has suffered at least for 6 months or more. If there is no domestic abuse involved, the case would be dealt with on a civil footing instead of an adversarial one.
2 - Long Period of Separation
If the couple has lived separately for more than 18 months, they can seek dissolution. Divorce Lawyers Bergen County NJ explains that there may arise a situation where the spouse may have to meet their partner but if they have stopped cohabiting completely, then they can register a complaint.
3 - Adultery
If you find your partner cheating on you with another, then you have a strong basis to apply for dissolution. Divorce Lawyers Bergen County NJ emphasize the point that this particular claim will require you to provide strong proof.
4 - Desertion
If a spouse has left you without giving you proper reasons and has stopped cohabiting for over 18 months, then you can apply for dissolution. Divorce Lawyers Bergen County NJ says that desertion can be used as a reason to apply for dissolution, provided, the satisfactory proof is provided with it.
5 - Addiction
If your partner’s addiction to alcohol/drugs is taking a toll on your relationship and has even gone to the extremes of engaging in domestic violence, then Divorce Lawyers in Bergen County NJ suggest using it as a solid ground for dissolution. If your spouse has behavioral addiction such as gambling, then you may want to discuss with a good Divorce Lawyers Bergen County NJ, if it can be considered as a strong ground for dissolution.
6 - Marital Rape
Divorce Lawyers Bergen County NJ claim that the state criminalized marital rape in the 1990s. Trying to involve your partner (who does not consent) in having sex with you, is considered a crime and can be used as a reason for dissolution.
7 - Domestic Violence
Both physical and emotional violence in a marriage is a very strong ground for dissolution, and Divorce Lawyers in Bergen County NJ suggest that an immediate complaint should be filed under such circumstances. They also advise filing an order of protection as well in order to avoid future abuse.
8 - Imprisonment
If a spouse is sent to jail on grounds of severe criminal offense and has ceased cohabitation for more than 18 months, then the other spouse can request for dissolution. Divorce Lawyers Bergen County NJ emphasize that this won’t be considered as a ground for dissolution if the spouse was convicted before the marriage.
9 - Hospitalization or Institutionalization
If one of the spouses has been admitted to a rehabilitation center or an institution for mental illness and there are no chances of recovery, then the other partner can apply for dissolution. Divorce Lawyers Bergen County NJ state that this ground doesn’t hold strong if the institution offers evidence of the illness being a minor one with great chances of recovery.
No-Fault Dissolution:
In some situations, the mere fact, that the marriage is broken and there is no point getting along, is enough to seek dissolution. Divorce Lawyers in Bergen County NJ explain that filing a no-fault dissolution does less emotional harm as the decision is mutual. No public accusations are made and hence, the reputation of the spouse is not hurt.
Filing For Dissolution in New Jersey
You can always file dissolution all by yourself but Divorce Lawyers Bergen County NJ advise you to seek legal advice before doing it. If you are filing it alone, you may run the risk of losing the case if it becomes contested. Experienced Divorce Lawyers in Bergen County NJ will know how to present the arguments correctly.
According to Divorce Lawyers Bergen County NJ, there are 5 general steps involved while filing a dissolution case:
1 - Gathering Records
Divorce Lawyers Bergen County NJ state that it is important that you have all important documents, legal as well as financial, sorted out together. Your Divorce Lawyers Bergen County NJ will find it useful while applying for dissolution and also during the court proceedings.
2 - Decide upon the Ground for Dissolution
Escaping from a cruel partner and parting ways with a spouse on no-fault grounds are two different things. You should get help from one of the best Divorce Lawyers in Bergen County NJ; they will help you choose the best path based on your situation.
If you are planning to file a fault-based dissolution, then make sure you have strong evidence to support your claim.
3 - Prepare a complaint for Dissolution
Getting help from experienced Divorce Lawyers in Bergen County NJ is advisable at this stage. They will not only help you with completing forms and gathering information but will also present reasonable strategies and arguments to support your dissolution filing.
4 - Filing the Dissolution Complaint
Filing for dissolution usually carries a fee of $300 and an additional $25 for parents with children. The court may waive this fee if you present proof of financial hardships. Divorce Lawyers in Bergen County NJ state that it’s important to file your complaint in the county where you both lived together.
5 - Serve Dissolution papers to your Spouse
Serving your spouse (after the filing of a complaint, they will be referred to as the defendant) with dissolution papers, is the final step in filing a dissolution. Divorce Lawyers in Bergen County NJ explain that the papers include a copy of the complaint along with proof and also the summon papers.
What To Expect After Filing for Dissolution?
Divorce Lawyers in Bergen County NJ explain that the defendant has 35 days to respond to the serving papers. If the defendant fails to respond, you will be required to file and serve a Proposed Notice of Equitable Distribution; the court will hold a default hearing and will award what has been requested by the plaintiff.
Divorce Lawyers in Bergen County NJ state that the defendant can file an answer or a counterclaim within the 35 days’ time frame.
How do Divorce Lawyers Bergen County NJ Help?
Dissolution can cause a lot of turbulence in your life and you may find it impossible to carry the emotional burden alone. At such times of instability, you will need help from experienced Divorce Lawyers in Bergen County NJ, to decide upon various steps involved during dissolution. From choosing the right grounds to filing the complaint correctly, you need the expertise of Divorce Lawyers in Bergen County NJ.
Look for these attributes in an attorney before choosing them to represent your case.
- A trustworthy and good Divorce Lawyer in Bergen County NJ can be identified by their years of experience in the field.
- They are not money-minded and offer emotional support throughout the process. A reliable Divorce Lawyers Bergen County NJ will not stress you out over small issues
- They will always argue for your best interests. Experienced Divorce Lawyers in Bergen County NJ will take half the burden off your shoulders.
- Good Divorce Lawyers Bergen County NJ will help you take major decisions regarding alimony and also while choosing the grounds of dissolution.
- A reputed Divorce Lawyer in Bergen County NJ will have a good number of online reviews and ratings.
The attorneys at the Law Offices of SRIS, P.C. are specialized in handling dissolution cases; hence the best thing to do is to take us into confidence to get your case resolved without any hiccups.