Divorce Process

Experienced Divorce Attorney in Edison, NJ

Male hand pushing a wedding ring over to a female hand about toRepresenting NJ clients through the divorce process

Some couples cannot stay married. When they need to dissolve the relationship, they often choose divorce to separate. When irreconcilable differences or other reasons end a relationship, people will often divorce in order to move towards a better life. Some of those divorces can become emotional and heated. When people disagree on issues, these divorces are “contested.” Divorces must address the same applicable issues in order to resolve the matter. Contested divorces must handle factors, including:

When these issues cannot be resolved, spouses can find themselves in a court battle that affects the whole family. It is common for one issue to keep a divorce “contested.”

The divorce process

New Jersey courts hope to conclude cases within the year, There are exceptions and some can last upwards of 2 years. When a divorce is contested and a couple is about to go to trial, there are two major factors to consider. New Jersey courts must establish jurisdiction over the case. A residency requirement must be fulfilled before that can happen. Either you or your spouse must have lived in New Jersey for longer than 1 year to fulfill the requirement. The other major factor to consider are the grounds for the divorce. Though New Jersey is a “no-fault” divorce state, meaning that a divorce can continue without “fault” assigned to a party, it is not a pure one. Spouses have the option to cite “fault” grounds as well. When someone cites “fault” grounds, one can face a contested divorce before even addressing the real issues of the marriage. Some “fault” grounds used in New Jersey divorces include:

  • Adultery
  • Incarceration
  • Physical and mental cruelty
  • Abandonment

If someone cites adultery as a grounds for divorce, the other party has the right answer the complaint. Most people will cite irreconcilable difference to avoid a contested divorce based on grounds. Once a residency requirement is established and grounds for a divorce are cited, a Complaint for Divorce can be drafted, starting the NJ divorce process. After many attempts to motivate the couple to resolve their matter outside of court, the trial can begin and include a costly and time-consuming discovery process. Discovery is where the attorneys of each party try and collect all relevant information to effectively represent their party in the trial. In the end, a judge will decide on all contested matters and issue a Final Judgment of Divorce that will be drafted and passed down. The Final Judgment of Divorce will address all contested factors that will resolve the case, including alimony, child support, child custody, and division of marital assets.

Contact a Middlesex County attorney to guide you through your NJ divorce

The Law Office of Omar K. Qadeer, PC has years of experience handling contested divorces for clients in Middlesex County and the greater New Jersey area. Our firm serves the people of New Jersey with compassionate counsel and dedicated representation to effectively guide clients towards a better life. We understand that divorce can be emotional. Divorce can affect the whole family and the Law Office of Omar K. Qadeer, PC is here to ease your stress and guide you through your NJ divorce. If you need legal advice or committed representation, contact the Law Office of Omar K. Qadeer, PC.