As a divorce attorney in Hudson County (Jersey City), New Jersey, I am experienced in filing for divorces and representing individuals in the New Jersey Family Courts. I am writing this blog today to provide some important information about filing for divorce in Hudson County and throughout New Jersey. Below are some steps that are involved in filing for divorce in New Jersey and whether to consider divorce mediation:
1. Jurisdiction- Where should you file?
The first aspect of filing a divorce is knowing where to file. If you or your spouse live in Hudson County for six months or more, you need to file in Hudson County. As long as one of you reside in Hudson County, you can file here. The court is located at 595 Newark Avenue in Jersey City, NJ.
2. What is your cause of Action? (What is the reason for filing the divorce?)
While you may be the victim, if you will of adultery, extreme cruelty or other reason you are seeking to file for divorce, the cause of action used most often for divorce in Hudson County and throughout New Jersey is: irreconcilable differences. This cause of action is the easiest to prove and you do not have to get into any details as to why you are getting a divorce. Essentially irreconcilable differences are the "cleanest way" to obtain a divorce in New Jersey. Many people opt to use this cause of action but again you do not have to. Adultery and extreme cruelty are other causes of action that are used in the New Jersey Family Court.
3. Do you have children?
If you have children, your divorce papers should have their information on the divorce papers such as their names and dates of birth. The children's' social security number, along with your own is required but is confidential. This confidential information needs to be provided on the Confidential Litigants Information Sheet.
4. What relief are you seeking from the court?
When you file for divorce, aside from ending the marriage, you can seek other relief such as Child Custody, Child Support, Alimony, Equitable Distribution (Division of Assets) and other family law related relief.
Above are the basics for a divorce in New Jersey. While the terms are basic, many of these issues can become very complex and these issues require extensive litigation at times. So whether you both agree that you want a divorce or not, the hardest part for the courts in deciding these issues. Many people call my office and say "This is an easy case, we agree that we want a divorce." The only time a case can be considered "easy" is if all issues between you and your spouse are agreed on. If all issues are not agreed on, your attorney, the attorneys through negotiation, and/or the Judge can decide how those issues will be dealt with.
Can or Should I consider Mediation for my Divorce?
You can always call my office or any other experienced attorney that is skilled in negotiation and that is in fact patient, to help two parties willing to have an open mind and resolve their cases through an experienced divorce mediator such as Santo V. Artusa, Jr., Esq that has an uncanny ability to get to the root cause of why the divorce is not settling and helping individuals reach an agreement that may not be perfect for either side but an agreement that both sides provided input and both parties can live with. If you cannot reach an agreement, the divorce coourt Judges in Hudson County: Judge Rodriguez, Judge Vanek, Judge Schillari-Rich and Judge Maureen Mantineo will decide your case, which may or may not hurt you. Judges may make a decision that is completly different than what you expected. Be Careful going to trial.
Getting a divorce is similar to filing for bankruptcy, it gives you a fresh start. In order to have a fresh start, you need someone to guide and protect you so that you do indeed obtain a judgment of divorce and that you do have a fresh start. As an experienced divorce attorney in New Jersey, my team and I can help you in our Jersey City Headquarters today. Call us on 973-337-9643 for an appointment.