Ready for a Divorce? Keep This in Mind
Posted June 20th, 2014 by Anthony Carbone, PC.
Categories: Family Law.
Divorce is never an easy decision to make. You’ve probably spent many nights tossing and turning over the choice. You and your spouse have done everything to make your marriage work. You sought counseling, you spent hours discussing your problems, you both even separated for a period of time. You dread going to court and disrupting your life. And let’s not forget about the kids! So how do you know if you’re ready?
Well, obviously we don’t know the specifics of your marriage. This is a decision you have to make with your partner. But before coming to us, here’s a few things to keep in mind when divorcing in New Jersey:
- When filing the divorce complaint, you will have to show grounds of why you want to get divorced. There are two types of divorce in New Jersey: no-fault and fault-based. Fault-based divorces usually involve abuse, desertion, drug addiction, imprisonment, adultery, and deviant sexual conduct.
- The majority of no-fault divorces are based on irreconcilable differences. In order to prove irreconcilable differences, you must show that you and your spouse have existed for six or more months and it was the reason for the demise of your marriage.
- Another ground of a no-fault divorce is separation. To qualify, you and your spouse must show that you haven’t been living in the same home for the past 18 months with no chance of reconciliation.
- Like any court case, it does take time to go through a divorce. There is a waiting period of 35 days after the complaint has been filed. This gives the other party time to respond to the complaint. If you and your spouse agree on all matters, the divorce could take less than a couple of weeks. However, it can take up to a year to complete your divorce, depending on the complexity of the case.
- Not only will your assets be analyzed and split between you and your spouse, but your debts as well.
Are you ready to get a divorce? Let The Law Offices of Anthony Carbone, PC assist you. For more than 25 years, divorce attorney Anthony Carbone has been fighting to get what his clients deserve. Contact us today for a free consultation. For more information on the rights and realities of divorce, click here.