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Divorce Structures | Senoff & Enis Family Law
This will have the different possibilities that an individual can handle their own unique circumstance.
NJ Divorce Questions & Answers
Simplified Divorce Separation:
Q: What is a Simplified Divorce Separation?
A: Simplified Divorce Separation: A simplified dissolution of marriage is a special procedure that requires fewer forms and takes less time to complete than a regular dissolution of marriage.
For example, in a simplified dissolution of marriage, income and other financial disclosure forms may not be required.
Q: What is a Collaborative Divorce?
A: Collaborative Divorce: Collaborative law refers to the process of removing disputes from the “fight and win” setting of a courtroom into a “troubleshoot and problem solve” setting of negotiations.
Thus, a collaborative law divorce is a process by which parties use mediation and negotiations to settle their divorce.
Q: What is a Uncontested Divorce?
A: Uncontested Divorce: An uncontested divorce is one where both spouses agree on all the key terms of the divorce, including: child custody and parenting time (visitation), including where your children will live.
Q: What is a Contested Divorce?
• A: Contested Divorce: This means that you and your spouse oppose or challenge each other’s views on any or all of the following: the child custody arrangement; necessity for, amount, or duration of alimony; equitable distribution of assets, or request for child support.
Q: What is a Mediated Divorce?
A: Mediated Divorce: Divorce mediation is an alternative to the traditional New Jersey court divorce process that involves both parties coming together to decide on all the major issues of the divorce with a neutral third party known as a divorce mediator.
Q: What is Separation?
A: Separation: This is a type of limited divorce that legally terminates the financial relationship between the married couple. They will go through the property division process but cannot remarry until they receive a full divorce.
Q: What is Divorce Arbitration?
A: Divorce Arbitration: This is an effective method of dispute resolution which has been recognized by the New Jersey Supreme Court as an alternative to conventional litigation. At the conclusion of an arbitration hearing the arbitrator renders a decision just as would a judge hearing the case.
Grounds For Divorce in New Jersey:
Q: What are Grounds For Divorce in New Jersey?
- You must state a reason for the divorce recognized by New Jersey law (called “grounds” for divorce).
No-fault or Irreconcilable Differences:
- To file for divorce based on irreconcilable differences, you must meet the following requirements: You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce; You or your spouse must have experienced irreconcilable differences for 6 months, and; The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved; and You are certain there is no way to reconcile.
There is no need to accuse the other spouse of doing anything wrong when filing based on irreconcilable differences. In fact, making accusations of adultery or other “wrongdoing” will not affect the outcome of the divorce or improve your chances of getting more child support, alimony, or other financial arrangements, such as equitable distribution.
- To file for divorce based on separation, the couple must have been living apart for at least 18 months. Extreme Cruelty: To file on the grounds of extreme cruelty requires proof of other factors. You should consult an attorney or read N.J.S.A. 2A:34-2 to see if the statute applies to your case.
- Other “fault” grounds for divorce include adultery, institutionalization, and incarceration for an extended period.
For more information, read N.J.S.A. 2A:34-2.
Bottom line, I wanted a lawyer who genuinely cared. Michael Gunteski was exactly who I needed.
His unwavering resolve to protecting my children was like nothing I could have hoped for. He guided me through one of the hardest times in my life with patience and dedication to doing what was right for my family and our future. My judgment was at times clouded by anger, fear, and frustration. Michael continuously reassured me that my children and I would be protected and that I would rebuild my life again. His expertise and knowledge of family law was impressive but his open-hearted approach to understanding what I was feeling was most remarkable.
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Some of the legal terms that will have you have an understanding of terms that maybe in you situation.
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