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3 Important Tips From a New Jersey Divorce Attorney
If you are going to file for a divorce, then you are going to need a divorce attorney on your side. Navigating this legal process can be challenging enough that there is a high likelihood of crucial factors falling through the cracks. Fortunately, we are a divorce attorney that can help fight for your rights.
What to know when filing for a divorce
Divorce attorneys have insight into the legal proceedings used to grant divorces. Attorneys use that insight to protect their clients. By providing advice and professional guidance, a divorce attorney can help ensure the proceedings run smoothly.
1. Choose the appropriate grounds for divorce
Couples must choose the grounds for divorce. New Jersey has an equitable distribution law on the books. The law allows the court to determine how the property is divided. The court considers this when dividing the property. In cases of no-fault divorces, the division typically does not favor either person. In cases of at-fault divorces, the court generally favors the spouse who was wronged.
In 2007, Governor Corzine amended the state’s statute to include no-fault divorce. Couples do not have to place blame on one another when filing for a no-fault divorce. They do not have to provide a reason to file for a no-fault divorce. Many prefer this method because it allows them to remain civil while parting ways. However, a no-fault divorce is not always recommended when one spouse was at fault.
Those who file an at-fault divorce do so on the grounds of adultery, desertion, addiction, deviant sexual conduct, and extreme cruelty. Spouses can also file on the grounds of imprisonment if one spouse is imprisoned for at least 18 months during the marriage. Institutionalization is also grounds for divorce if the spouse is institutionalized for two years or more during the marriage.
Couples can also file for divorce on the grounds of separation or irreconcilable differences. In order to file on the grounds of separation, the couple must be separated for at least 18 months. In order to file for irreconcilable differences, the couple’s marriage must have been broken beyond repair for at least six months.
2. Document everything
Regardless of the grounds people choose, they should document everything leading up to the proceedings. It is challenging to prove verbal agreements in the court, and parties often renege on promises during the proceedings. If the parties have agreed to divide property a specific way, both need to get it in writing. Hand the documents over to the divorce attorney to be used during the proceedings.
3. Get a credit report
Parties are encouraged to run credit reports before filing for divorce. Sadly, spouses often open credit accounts using the other person’s information. The wronged party needs to know this before filing for divorce. The divorce attorney will help the wronged party recover the damages from the credit accounts.
Prepare for your divorce
Getting divorced can seem overwhelming. There is so much to do to prepare for the proceedings. Begin by choosing your grounds for divorce. Document everything along the way and pull your credit report to check for fraud. These tips will put you on the right track so you can move forward with your divorce.
For more information or to schedule a consultation with us, call our Sea Girt office at (732) 449-0449. Call Anthony J. Cafaro, P.C. today. NOTE: This is for informational purposes only and does not constitute legal advice.
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