As an experienced divorce and family law attorney in New Jersey, I have seen people make various mistakes when filing their divorce or legal separation papers. It doesn´t matter if you are filing in Morris, Somerset, Sussex, Union or any other county in NJ, the laws are the same. In this article, I will explain the three (3) most common mistakes in the hopes that you won´t fall into these traps.
1. Choosing the wrong ground for divorce.
A frequent mistake made when preparing divorce papers is misunderstanding which ground for divorce applies to your specific situation. While there are numerous grounds for divorce, I will address the ones that are most commonly misunderstood: Desertion, Irreconcilable Differences and Separation.
Desertion
A common mistake people make is to interpret this ground for divorce based solely on the traditional definition of Desertion. If for example, a spouse vacates the home without the children, most people would assume that they should file their divorce under the Desertion ground for divorce. However in the eyes of the Family Law Court system, the true legal meaning of Desertion as a ground for divorce in NJ is a complete lack of physical intimacy for at least twelve (12) months. This ground does not allow for even one (1) occurrence of relations during that twelve (12) month period.
Irreconcilable Differences
Prior to January 2007, New Jersey did not recognize Irreconcilable Differences as a ground for divorce; however, it has recently been adopted. Most people aren´t aware that the requirement for using this ground for divorce is that there must have been a breakdown of the marital relationship for a period of at least six (6) months prior to the filing of the Complaint for Divorce.
Separation
A common mistake is to assume that if your spouse is sleeping on the couch or in a guest bedroom, you can qualify to file for divorce in NJ under the ground of Separation. The courts however will not recognize this as a true separation because you are still living under the same roof. So, in order to use this ground for divorce, you must be living in two (2) separate residences for at least eighteen (18) consecutive months.
2. Thinking you need to include all of the facts in your Complaint for Divorce.
When you are filing for divorce in NJ, there is no reason to include an explanation of all assets and support that you are looking to receive. The purpose of the Complaint for Divorce is not to deal with the specific division of assets or to establish explicit support rights. The Complaint is merely meant to identify the root cause of the dissolution of your marriage and express in brief outline form the relief that you, the filing party, are seeking. For example, you are looking to be awarded joint legal custody of the children and to have all of the assets acquired during the marriage equitably divided.
Attorney Bari Weinberger is the Associate Author of the book New Jersey Family Law Practice, utilized by virtually every NJ family law attorney. She also served as child custody new jersey lawyer for domestic violence nj, nj restraining order
Nov 20, 2011
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