Yes. As I like to say, the total time it takes to divorce often depends on how long the least reasonable person involved wants it to take. If you and your former spouse are both ready and willing to settle your differences, the divorce process itself can be surprisingly smooth and speedy. Bari Zell Weinberger […]
Considering Divorce
What’s the significance of choosing a cause of action?
Well as I noted earlier; it’s very rare for divorce cases to focus on the why of the divorce. Meaning, most judges respect that you have the freedom to end your marital relationship if you choose to and the court is no longer going to hold two people in marriage together simply because of a […]
What is the difference between divorce and separation?
A divorce is a dissolution of the bonds of matrimony. You are no longer legally entangled with your spouse and cannot be called upon by society to answer for his or her actions, nor are you entitled by law to his or her earnings, assets, or accumulations. A separation, a legal separation, is not an […]
What effect does filing extreme cruelty have on child custody?
Extreme cruelty is the most common ground for divorce that we plead before our state New Jersey allowed parties to divorce based on irreconcilable differences. Extreme cruelty is essentially the claim that somebody is at fault for the divorce, and they’ve done things that have injured the spouse. But what often happens is attorneys will […]
What must happen for a party to file irreconcilable differences?
Our society favoured marriages as a societal construct and so as we have changed as a society, we’ve really grown to accept the shift in relationships to allow the freedom of association above all else. We no longer insist upon the requirements of a cause of action, a right to get divorced. Now it’s almost […]
What is a cause of action?
A cause of action is essentially your reason for getting a divorce. Any time that you file a lawsuit, you have to plead a cause of action, you have to identify what entitles you to relief under a statute. Long ago our society disagreed with divorce as a general rule, and so we placed a […]
What protections are available in New Jersey to military parents seeking custody and parenting time?
In 2013, the following rules were established in New Jersey to protect our state’s active duty military parents. These protections include that: The courts must wait until at least 90 days after a deployment ends before entering final custody orders in a case or making changes to any child custody and parenting time orders that […]
Can active duty or deployment delay the divorce process?
Yes, it can. In a civilian divorce if the spouse doesn’t respond to papers or attend a scheduled hearing, a default judgment of divorce may be awarded to the plaintiff spouse. In a military divorce, service members are protected from default judgment if current military service or service within the previous 90 days is affecting […]
How are divorce papers served when a spouse is deployed or on active duty?
Each base should have an official who is designated to facilitate the serving of legal papers, typically either the Provost Marshal or another person with responsibility for law enforcement at the base. If the military member is off base or overseas, it may be difficult to serve him or her with divorce papers. It is […]
How do military spouses know which state they should file in?
Because military service can involve frequent moves from state to state as well as temporary moves out of the United States, residency requirements for the purpose of filing for divorce are more lenient. Under current rules, a service member or spouse may choose to file a complaint for divorce in one of three places: The […]
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