Getting a divorce is a challenging and emotionally stressful time. There are many things to take into account besides the end of the marriage itself, including the division of assets and custody of children. It may seem overwhelming, which is why seeking experienced legal counsel is an important first step. The family law attorneys of Larkin Farrell LLC are experts in the New York and New Jersey divorce processes and can help you through this difficult time.
What are the Different Types of Divorce in NY and NJ?
A couple can get divorced in New York or New Jersey as long as one of the spouses has lived in the state for at least one year. Divorces typically fall into two major categories: uncontested and contested.
- An uncontested divorce occurs when both spouses have reached an agreement on all matters relating to the divorce, including the division of property or child custody. This is the simplest type of divorce, and allows the couple to end their marriage without a lengthy court trial. There are certain requirements that must be met when filing for an uncontested divorce in New Jersey or New York, so it is important to contact an attorney to discuss your options.
- A contested divorce occurs when the two spouses disagree about aspects of the divorce. This type of divorce takes longer than an uncontested divorce and may require a formal court trial if a settlement cannot be reached during pretrial proceedings. These divorces are complex and involve many steps. It is crucial to contact an experienced family law attorney to guide you through this process.
What Qualifies as Grounds for Divorce in New York and New Jersey?
As far as acceptable reasons why someone can seek a divorce, New York and New Jersey allow both fault and no-fault divorces.
- A fault divorce occurs when the accusing party, the plaintiff, cites the actions of the other spouse, or the defendant, as the reason for the divorce. There are several grounds for a fault divorce including:
- Cruelty, meaning the defendant was violent or otherwise abusive towards the plaintiff. This behavior needs to have occurred at least three months before the complaint, which states that said behavior has made it unsafe or unreasonable for the plaintiff to remain married to the defendant.
- Desertion occurs when one spouse left the other spouse at least one continuous year ago.
- A no-fault divorce occurs when the marriage is not ending because of the specific actions of either spouse, but because of a mutual breakdown in communication or falling-out. The reasons for a no-fault divorce include:
- Separation, where the couple has been living apart for at least 18 months before the complaint for any reason.
- Irreconcilable differences, meaning the couple does not get along with each other anymore and there is no chance of them ever making up again. This is the most common basis for a no-fault divorce, and the courts rarely ask what the actual differences are.
Contact Experienced NY & NJ Divorce Attorneys Today
No matter what the cause or circumstances are, a divorce is never easy. With offices in New York, NY and Red Bank, NJ, Larkin Farrell can help you through this challenging and stressful time, whether you are facing a contested or uncontested divorce. Contact us today to discuss your New York or New Jersey divorce options.