When a Defendant has been served with a divorce complaint in New Jersey, he or she must respond within 35 days or risk a default judgment.  The Defendant has three primary options to respond to a divorce complaint:  Answer, Appearance and Counterclaim.  Furthermore, the Counterclaim contains an Answer.

All three options serve the same basic purpose:  the court and the Plaintiff are put on notice that the Defendant contests the cause of action and/or the relief sought.  Even in a no-fault divorce, the Defendant still denies the allegations even though this will never be contested. 

The bottom line is, this is all very procedural and I wouldn’t get too hung up on it.  Your New Jersey divorce lawyer will handle the Answer/Counterclaim to the divorce complaint and everything else for you and guide you in the right direction. 

If you are thinking about getting divorced in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.

In New Jersey, the filing of a complaint for divorce (simply called the divorce complaint or even just the complaint) starts the divorce case.  Your attorney will draft the complaint for you and file it with the court.

 The complaint is filed in the county in which the plaintiff lived when the cause of action arose, or if the plaintiff was not then living in New Jersey, the county in which the defendant was living when the cause of action arose. If neither party was living in New Jersey when the cause of action arose, then the complaint shall be filed in the county where the plaintiff presently resides, or in the county where the defendant is living if the plaintiff no longer lives in the State.  If  this is confusing, don’t worry.  Your attorney knows what to do.

Since your attorney will draft the complaint, you don’t have to worry about to say in the complaint.  As an FYI, it will include the cause of action and the facts that support same, the addresses of the parties, the address, date of birth, and information as to where and with whom the child resides.

Most importantly, the  complaint will list the relief sought such as custody, support, equitable distribution, etc.  Again, your attorney will list this out for you.  You also don’t have to worry about anything negative that will upset your spouse if you are filing for a no-fault divorce (see the no-fault divorce article).

In New Jersey, a filing fee is required at the time of filing of the complaint for divorce with the court. If there are children, then each party has to also have to pay a fee to attend a one day parenting education seminar.

If you are thinking about getting divorced in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.

For almost everyone in New Jersey, there is no reason to file a fault cause of action as they generally do not provide any benefits over no-fault causes of actions.  The only “benefit” is that the 12 month residency requirement for all causes of actions is not present for adultery.  As long as one spouse is a New Jersey resident, the Plaintiff can file for divorce in New Jersey.

The fault divorce causes of action in New Jersey are listed below for informational purposes only.  Consult an attorney before you take any action.

Extreme Cruelty
Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect that individual to cohabitate with their spouse. N.J.S.A. 2A:34-2(c). The courts are not strict as to what type of conduct constitutes extreme cruelty.

Adultery
The courts have held that “adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery.” New Jersey Court Rule 5:4-2 requires that the plaintiff in an adultery divorce case, state the name of the person with whom the offending conduct was committed. This person is known as the correspondent. If the name is not known, the person who files must give as much information as possible tending to describe the adulterer.

Desertion
The willful and continuous desertion by one party for a period of twelve or more months, and satisfactory proof that the parties have ceased to cohabit as man and wife constitutes desertion under N.J.S.A. 2A:34-2(b). It is important to note that the parties may live in the same house. Since the primary element here is “as man and wife”, desertion may be claimed after twelve or more months of a lack of sexual relations. 

Addiction
Under N.S.J.A 2A:34-2(e), addiction involves a dependence on a narcotic or other controlled, dangerous substance, or a habitual drunkenness for a period of twelve or more consecutive months immediately preceding the filing of the complaint. The evidence must show that the use of alcohol and drugs was persistent and substantial. 

Institutionalization
When one spouse has been institutionalized for mental illness for a period of twelve or more consecutive months subsequent to the marriage and preceding the filing of the complaint, institutionalization is a ground for divorce under N.J.S.A. 2A:34-2(f). The primary issue for this ground for divorce is whether or not the spouse is able to function as a working partner in the marriage.

Imprisonment
Imprisonment as a ground for divorce occurs when a spouse has been imprisoned for eighteen or more months after the marriage. N.J.S.A. 2A:34-2(g). The parties must not have resumed cohabitation after the imprisonment.

Deviant Sexual Conduct
Deviant Sexual Conduct occurs if the defendant engages in deviant sexual conduct without the consent of the plaintiff spouse. N.J.S.A. 2A:34-2(h).

If you are thinking about getting divorced in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.

One of the most confusing aspects of the divorce process for some people in New Jersey has to be the cause of action.  What one side has to prove, whether the other side can contest the divorce and how long the couple needs to be separated for leads many to put off a divorce due to their confusion.  

New Jersey is a no-fault state.  A no-fault divorce means that the court will end the marriage based on separation or based on irreconcilable differences. In a no-fault divorce, the law does not require proof that either spouse was responsible for causing the marriage to end.  The bottom line is, if you want to get divorced, all you have to do is ask.  Since you don’t have to actually prove fault, your spouse cannot contest the divorce.

Some states require a period of separation  in order to get divorced via a no-fault cause of action.  Up to a few years ago, New Jersey was one of those states.  The only no-fault cause of action was “separation”.  Today, it is a moot point.  Regardless, the following requirements must be met for separation:

• You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
• You and your spouse must have lived apart (separate residences) for at least 18 consecutive months before beginning the divorce action.
• There is no reasonable prospect of reconciliation.

To get around the 18 month rule, many litigants had to stretch, bend and twist the truth and claim extreme cruelty.  This started the case off on the wrong foot as the other side would get upset by these false  allegations. 

Thankfully, we now have the irreconcilable differences cause of action in New Jersey.  To file a no-fault divorce complaint based on irreconcilable differences in New Jersey, the following requirements must be met:

• You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
• You and your spouse must have experienced irreconcilable differences for a period of six months.
• The irreconcilable differences make it appear that the marriage should be dissolved.
• There is no reasonable prospect of reconciliation.

As I said before, what the above really means is that if you want to get divorced, you will.  So, not only can you live in the same spouse as your future ex, you can live together after the divorce! 

If you are thinking about getting divorced in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.