Getting a divorce is relatively commonplace these days. You may even have many divorced friends and relatives. It is also easier than ever to file for divorce on your own. You can find forms online, fill them out, and file them with the court to end your marriage.
But the DIY (do it yourself) approach doesn’t work for everyone and can be risky, depending on your situation. Going it alone generally works better in uncomplicated cases where your marriage has been short, you don’t have children, and there is very little shared property.
However, even the parties in a simple divorce could benefit from legal advice, as many required forms use legal jargon. Getting legal counsel before you sign any paperwork and submit it to the court is always wise.
Most cases need the attention of a Bergen County family law lawyer to help navigate the complex and emotional dissolution process. Divorce affects your finances, custody of your children, and much more.
Our Bergen County family lawyers have been helping families for over 35 years. Weiner Law is committed to your success. We provide outstanding service, experienced counsel, creative solutions, and zealous advocacy to every client who walks through our doors.
Our attorneys will skillfully navigate the nuanced legal system so you don’t have to stress about how to complete a form, when to file it, and how to protect your rights.Â
Bergen County Family Law Lawyer Service Areas
Weiner Law has experienced attorneys who offer professional counsel on family-related legal matters. We can provide legal advice and represent you in the following areas:
- Divorce,
- Child custody;
- Child support,
- Alimony,
- Equitable distribution of property,
- Marital agreements, and
- Domestic violence.
We can also offer guidance on issues related to relocation and grandparents’ rights.
Understanding the Divorce Process
If you are getting a divorce, you may be wondering how the process unfolds. Let’s look at an overview of the dissolution process in Bergen County.
Complaint for Divorce
To start a divorce, you must gather important information and complete a Complaint for Divorce. The complaint includes your request, grounds for divorce, residency information, and critical issues the court must address. Critical issues include child custody and support, alimony, and the division of marital property.
In New Jersey, there are both fault-based and no-fault grounds for divorce. Fault-based divorces center on one spouse committing bad acts that cause the breakdown of the marriage—e.g., adultery, cruelty, or abandonment. In a no-fault divorce, the marriage deteriorated because the couple was unable to reconcile their differences.
Other legal forms you may need to complete and submit with your filing include the following:
- Summons,
- Confidential Litigant Information Sheet,
- Certification Regarding Redaction of Personal Identifiers,
- Certification Verification and Non-Collusion, and
- Certification of Insurance Coverage.
Many of these forms are available on the court website for you to complete on your own. However, mistakes on these forms can negatively impact your case. Having a family law lawyer help you prepare these documents properly can save you time and money while better protecting your rights.
Residency Requirements
To file for divorce in New Jersey, at least one spouse must have been a New Jersey resident for at least one year before filing. You must file the complaint in the Family Division of the Superior Court in the county where you lived when the grounds for divorce arose. If neither you nor your spouse resided in the state at that time, you can file in the New Jersey county where you currently live.
Serve Your Spouse with Divorce Papers
Once you file the complaint and other necessary documents, you must serve your spouse with a copy. This puts your spouse on notice that you filed for divorce. You can hire a private process server or work with a local sheriff to serve the divorce paperwork on your spouse. You must file proof of service with the court. Your spouse has 35 days to respond to the complaint.
Uncontested or Contested Divorce
A divorce is either uncontested or contested. An uncontested divorce occurs when both spouses can agree on most major issues, such as grounds for divorce, child custody, visitation, alimony, and property division. The parties can submit the agreement they create to the court, and the court may adopt it as part of the final divorce order.
Uncontested divorces don’t usually involve long court proceedings because the parties have already agreed. The process is usually less expensive because issues are not litigated in court. Because you and your spouse worked on the issues collaboratively, the agreement usually has terms that work well for both parties.
A contested divorce is when the spouses cannot agree, and the court must decide the disputed issues. Contested cases are usually longer and more expensive because there is more back-and-forth between the spouses, more court appearances and hearings, and more attorney involvement.
Emotions are also higher in most contested cases, which often causes roadblocks to resolving issues. While an attorney is helpful in all divorce proceedings, hiring an attorney to uphold your rights and interests in a contested divorce is essential. Your spouse will likely have an attorney, and you will want someone legally savvy to advocate on your behalf.
How Long Does a Bergen County Divorce Take?
Just as every marriage is unique, every divorce timeline is unique. The length of a divorce depends on the facts of the case. Simple cases where the spouses agree on all major issues may only take a few months. Most cases are more complicated with disputed child custody, child support, alimony, and property division issues. Complex cases can take closer to a year or more to resolve.
Additionally, the grounds for ending your marriage may impact the length of the divorce. If you are divorcing based on the fault of desertion, your spouse must have been absent from the home for 12 months before you can move forward. If the grounds for divorce are irreconcilable differences, those differences must have gone on for six months or more before you can move forward.
While each divorce timeline differs, Weiner Law will always work to find efficiencies to save you time, money, and emotional distress.
Get Legal Help with Family Law Matters in Bergen County
Weiner Law recognizes that divorce can be an emotional rollercoaster for many people. Our team of experienced Bergen County family law attorneys can help you navigate your issues and relieve your stress and anxiety.
An attorney can review the facts of your case, walk you through each step of the process, and provide you reassurance that your rights to your children, assets, and property are protected. We pride ourselves on going the extra mile for our clients by developing compassionate and innovative strategies that encompass their needs.
Our Bergen County family lawyers have over 75 years of combined experience. Some attorneys are court-qualified as family law mediators, trained as collaborative law attorneys, and certified as matrimonial law attorneys.
We have the knowledge, skill, and experience to represent you in family law matters and help you achieve your desired outcomes. Consult a Weiner Law family law attorney today to learn how we can help.Â