Divorce is a major life decision, and when you are the one initiating it, you may experience unique emotions and challenges. In New Jersey, the divorce process follows a structured legal procedure that can seem daunting at first. Knowing the stages of divorce can help you feel more prepared and in control. Below is an overview of the stages of divorce from the perspective of the initiator, also known as the plaintiff.

1. Preparing to File for Divorce

The first stage is deciding that divorce is the best option for your situation. This may involve months or even years of contemplation. During this time, gathering relevant information, including financial records, debts, assets, and any prenuptial agreements is important. You should also consult a divorce attorney to help you understand your rights and prepare for the legal process.

In New Jersey, you will need to meet residency requirements to file for divorce. At least one spouse must have lived in the state for at least one year before filing. If grounds for divorce include adultery, however, this requirement may not apply.

2. Filing the Complaint for Divorce

Once you have gathered the necessary information and consulted with an attorney, you can file a Complaint for Divorce. As the plaintiff, you are responsible for starting the legal process. New Jersey allows for both fault-based and no-fault divorces. In a no-fault divorce, you cite irreconcilable differences, meaning the marriage has been broken for at least six months with no chance of reconciliation. Fault-based grounds, such as adultery, desertion, or cruelty, may also be an option, depending on your circumstances.

After filing the complaint, it must be served to your spouse, referred to as the defendant. They have 35 days to respond, either contesting the divorce or agreeing to its terms.

3. Discovery and Negotiation

The discovery phase begins once the divorce complaint has been filed and your spouse has responded. This is where both parties exchange financial documents, including income, assets, debts, and expenses. If your case involves child custody or spousal support, this stage will also include sharing relevant information about those issues.

This stage can be emotionally draining for the initiator, especially if the spouse is uncooperative or disputes the terms. However, staying organized and maintaining open communication with your attorney is important to ensure a smoother process.

During this time, you may also attempt to negotiate with your spouse through mediation. New Jersey courts encourage alternative dispute resolution, which can help resolve differences quicker and amicably than a lengthy court battle. If negotiations are successful, you and your spouse will draft a settlement agreement outlining the terms of your divorce, including asset division, alimony, and child custody arrangements.

4. Trial (If Necessary)

If negotiations fail and you cannot reach an agreement, your case will move to trial. This stage can be intimidating and stressful for the initiator, as it requires presenting your case before a judge. The court will review all evidence and testimonies to determine the final terms of your divorce, including division of assets, alimony, and custody arrangements.

A trial may extend the duration of your divorce and increase legal fees, but it may be necessary if you and your spouse cannot reach a fair agreement.

5. Finalizing the Divorce

Once the court makes a decision or a settlement agreement is reached, the final step is to obtain a Final Judgment of Divorce. In New Jersey, this document officially dissolves the marriage and outlines the final terms agreed upon by both parties or decided by the court.

As the initiator, you may feel a mix of relief and grief once your divorce is finalized. It’s the culmination of a long process; adjusting to post-divorce life can take time. However, with the right support system and legal guidance, you can move forward and begin the next chapter of your life.

6. Post-Divorce Considerations

Even after your divorce is finalized, you may need to revisit certain issues, such as alimony, child support, or custody modifications. New Jersey allows for post-judgment motions if circumstances change significantly after the divorce. Keeping in touch with your attorney for any legal advice on post-divorce matters can help protect your rights and interests moving forward.

How the Marlton Divorce Lawyers at Burnham Douglass Can Help?

If you are considering filing for divorce in New Jersey, the experienced Marlton divorce lawyers at Burnham Douglass are here to help you through every stage. We understand the emotional and legal challenges of initiating a divorce and are committed to providing compassionate and knowledgeable representation. Call 856-751-5505 or contact us online to schedule a free consultation. Located in Marlton and Northfield, New Jersey, we serve clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.