A Judgment of Absolute Divorce in New Jersey can be entered on the following grounds:

• Adultery
• Actual or sexual desertion
• Extreme cruelty
• No-fault divorce based upon 18 months of continuous separation
• Substance abuse
• Institutionalization for mental illness
• Imprisonment
• Deviant sexual conduct
• Irreconcilable differences

These causes of action also apply to dissolve a Civil Union. In addition to an absolute divorce, the parties have an option of obtaining a Divorce from Bed and Board, which authorizes the parties to live separately. The Divorce from Bed & Board terminates their economic partnership while leaving intact their bonds of matrimony. A Divorce from Bed and Board cannot prejudice either party from conversion of the Bed and Board Divorce into a Judgment of Absolute Divorce. A party’s dissolution by Absolute Divorce from the bonds of matrimony is granted as a matter of right.

In conjunction with the entry of a judgment of a divorce, a Court can enter ancillary relief including but not limited to alimony, maintenance, child support, and equitable distribution of marital assets.

Filing a Complaint for Divorce in New Jersey

A divorce action is commenced with the filing of a Complaint for Divorce along with an Affidavit of Insurance (listing the particulars of coverage) and a Confidential litigant worksheet which provides demographic data to the Superior Court. After the filing of the Complaint for Divorce, arrangements are made for personal service upon the defendant followed by the opportunity to Answer the Divorce Complaint with an Answer or Counterclaim for Divorce. Thereafter a Case Information Statement outlining the assets, liability, income, and budgetary needs are exchanged as the process commences to identify, value and allocate the marital assets between the spouses.

During this period, the parties involved in the divorce engage in pretrial discovery. They will have retained financial experts to review tax returns, bank records, and other financial information to verify the net worth and income available for each party. Expert witnesses can also be retained to evaluate custodial and parenting issues that arise from the raising and rearing of their children.

Preparing a Marital Settlement Agreement

In the event that the parties are able to resolve these issues prior to commencing a trial, a Marital Settlement Agreement shall be prepared memorializing the terms of their understanding and same shall be formally executed between the parties. The Marital Settlement Agreement will normally be introduced into evidence on the day of trial and the parties will be asked if:

• They executed the divorce agreement freely and voluntarily
• They understood the terms of the agreement
• They had all questions answered before signing the agreement
• They believe the agreement represents a fair and equitable resolution of the terms
• They were represented by independent counsel and have been satisfied with their respective attorney.

They may be asked additional questions such as whether they are under the influence of any substance or if they understand they have waived the right to a trial which could have resulted in a better or worse resolution of the case.

Contact the Summit Divorce Lawyers Today

The experienced divorce lawyers at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins (formerly Ceconi & Cheifetz, LLC) understand the challenges involved with divorce. We help clients reach the best possible solution for all issues related to family law, including child support, child custody, relocation issues, property division, prenuptial agreements, mediation, and more. Contact us or call us today at 908-273-6300 or 973-379-4200 to schedule a consultation with one of our divorce lawyers and family law mediators.

Our divorce and family law lawyers serve clients throughout the State of New Jersey.