Divorce and Separation
When spouses choose to go their separate ways, the heartbreak and confusion often increases when one does not have the proper support team to guide them through the legal process and beyond. Our team will work tirelessly to guide you through the complexities of the legal system, offer support and consultation to alleviate the stress and anxiety that divorce causes, and finally ensure that everything is clear, concise, and efficient.
You Have Enough To Worry About, Let Our Team Of Experts Become Your Team Of Experts.
New Jersey Divorce Types
Contested Divorce: When parties are unable to resolve their differences amicably and come to a joint resolution, dissolution of marriage might need to be obtained through litigation and counseling. Even in contested divorces however, harmonious terms and agreements may still be obtained.
Uncontested Divorce: If you and your spouse have both come to terms that it is time to part ways and agree to work together to resolve outstanding issues together, termination of marriage can be obtained through an uncontested divorce route.
Alternative Dispute Resolution: Commonly referred to as ADR, is a form of resolving differences between partners through means of mediation and counseling as opposed to a formal judicial setting. This allows partners to work their way through the legal jargon and come to a mutually beneficial dissolution of their union.
Mediation: As a form of ADR, spouses can work with a certified mediator who facilitates negotiations in order to achieve a mutually beneficial settlement which while non-binding, often becomes a catalyst for amicable negotiations and pleasant discussions.
Collaborative Divorce: When spouses are prepared to work together attorneys are prepared to work together. Spouses will benefit from the unique approach these attorneys implement as they ensure that both parties’ needs are met and often exceeded.
Out of State, Military, and International Divorces: If parties are no longer living in the same house, state, or even country, or if they are stationed elsewhere temporarily, this factor alone will not limit your ability to end the marriage. In New Jersey you may be able to qualify for an out of state divorce if other jurisdictional factors are satisfied.
Pennsylvania Divorce Types
In Pennsylvania, couples have several different paths that they can explore in order to obtain a divorce:
Mutual Consent Divorce: Frequently referred to as a Consent Divorce, this is a situation where both spouses agree to go through with the divorce process and further agree to sign consents and affidavits confirming that the marriage is “irretrievably broken”. The time frame for this divorce from the filing date is approximately 90 days to completion.
No-Fault Divorce: Either spouse may file for divorce following a minimum of a one-year separation. Prior to 2016 the separation period was a minimum of two-years.
Fault Divorce: A Fault Divorce may be filed by either spouse if the other commits any of the following acts (Adultery, Desertion, Cruel and Barbarous Treatment, Indignities, Bigamy, or Incarceration). To pursue this form of divorce evidence must be provided to the court.
Divorce Following Institutionalization: One spouse may file for divorce if the other spouse has been institutionalized for a mental disorder for 18 months. There must be no plan for discharge of the spouse within another 18 months. Once the waiting period is up, divorce may be filed without the requisite court hearing.
New Jersey- Legal Separation
If you and your partner are still on the fence about filing for divorce but choose to separate, legal filings are not necessary in New Jersey, however, preparing agreements in the interim can facilitate future negotiations and future potential dissolutions as they are an excellent way to open communications and resolve disputes amicably before they become serious issues. Agreements can be prepared to arrange for temporary parenting coordination and agreed upon mutual financial obligations.
While a Legal Separation will not require the filing of documents with the Court, many couples elect to prepare a formal separation agreement which accounts for and addresses issues that a formal divorce will later touch upon as well. For example, couples with children will often decide how to split parenting time, where the children will reside (custody), child support payments, possible alimony payments in the interim, financial responsibilities and similar carrying costs as well any other outstanding issues. Our team can assist with the preparation of the binding separation agreement if all parties are agreeable.
A Legal Separation may be an option couples explore while determining how to develop or dissolve their union. Couples do not have to physically live separately in order to be considered separated, in fact many couples choose to remain in the same residence for many reasons including financial/economic and personal reasons.
Whether a couple a chooses to divorce after a separation or whether the couple decides to continue working on their relationship, our team is prepared to counsel, assist, and handle each distinctive circumstance. Our team knows that Family comes first and thus our highest honor and purpose is ensuring that our clients feel comfortable and most importantly confident after consulting our firm.
If you have questions, want to learn about your options, or simply wish to discuss with an attorney the possibility of a separation or even a Divorce, contact our team.