Divorce is a stressful, emotionally draining process. Many people are often unprepared for this legal process in New Jersey, which can consequently have a profound effect on every aspect of their lives.
Understand how the process works
In New Jersey, there are two types of divorce you can have: contested and uncontested. An uncontested divorce is where both parties have agreed on all terms of the divorce, including custody, visitation, child support, spousal support and distribution of assets and debts. A contested divorce is where the parties cannot agree on one or more terms of the divorce, and thus, the judge will decide for you.
Moreover, you can end your marriage on a fault or non-fault basis. A fault divorce is where one party accuses the other of fault grounds, such as adultery or abandonment. A no-fault divorce is where the parties are mutually agreeing to end the marriage and do not need to prove any fault grounds.
Gather all the necessary documents
You will need to provide your attorney with various documents, including financial records, tax returns, insurance policies and asset paperwork. These documents are required when working out alimony, asset division and child support.
Custody and parenting time
New Jersey has two types of custody: legal and physical. Legal custody refers to the right to make decisions about your child’s education, health and welfare. Physical custody refers to where the child will live on a day-to-day basis; therefore, it is the blueprint of your parenting plan. The type of arrangement you should prepare for the divorce process should factor in your work schedule, your child’s school schedule and the relationship between you and your spouse.
These are just the basic items; there is so much more you can do in advance to have a successful divorce. And remember, it doesn’t always have to end up in court. If you can work together with your spouse and come to an agreement, other methods like mediation and arbitration might be options to explore.