Oradell Uncontested Divorce Lawyer
An uncontested divorce simply means that you and your spouse agree on all the key terms of the divorce, including but not limited to child custody and parenting time, child support, spousal support, the division of marital assets and debts, and any other dispute involving your marriage.
If you or your spouse disagree about any of these items, your divorce will be considered “contested” and it will have to go to trial. Nevertheless, you can still reach an agreement at any time during the process.
At The Law Office of Joseph A. DiPiazza, LLC, we provide flat-fee uncontested divorce services to clients in and around Oradell. We can assist you in simple divorces where you and your spouse have little in the way of assets or do not have children or other disputed issues. In more complicated cases, we can also help you resolve all the terms of your divorce outside of court through alternative dispute resolution methods; these involve skilled negotiation, mediation, and collaborative law.
Uncontested Divorce in New Jersey
New Jersey courts provide a process for uncontested divorces. These divorces save you the expense, time, and duress involved in a courtroom trial. That means the process will be must more affordable and faster. However, you and your spouse will be required to have worked out any disagreements about the issues related to your case.
The easiest way to secure an uncontested divorce is through New Jersey’s no-fault legal ground for divorce. This is based on “irreconcilable differences” which means your marriage has broken down to the point where it cannot be continued and is without the possibility of reconciling.
To file for this type of divorce, you must meet the following requirements:
- You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.
- • You and your spouse must have experienced irreconcilable differences for six months.
- • The irreconcilable differences make it appear that the marriage should be dissolved.
- • There is no reasonable prospect of reconciliation. The irreconcilable differences basis for divorce does not require that one spouse make allegations or accusations against the other.
County rules for filing divorce petitions and necessary documentation are complicated. However, our attorney can take care of that factor.
Divorce Based on Separation
If you and your spouse agree that there is no possibility for reconciliation and, if you have lived in separate homes for at least 18 months or longer, you may file for divorce on grounds of separation. Living in separate bedrooms in the same house does not qualify. You will need to prove that you have had separate residences for 18 months or longer. That time apart will serve as your waiting period for this additional no-fault ground for divorce.
This type of divorce has the same residency requirements of living for the preceding 12 months in the state.
Divorce can be complicated, painful, and contentious. However, it does not have to be. For couples who can find common ground and be willing to cooperate in working out any differences, the flat fee process can be more humane, faster, and much less troublesome for all concerned.
At our firm, we are fully equipped to help you create acceptable agreements regarding the terms of your divorce so that it can be filed and processed without the need for a legal battle in court. Attorney DiPiazza has proven to be a top choice for New Jersey clients seeking cost-effective and friendlier solutions to the divorce process.
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