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Divorce – FAQ

Contested means that the parties are not in agreement on all terms. Uncontested means that the parties are in agreement with everything and are ready to finalize the divorce.An annulment is a way to dissolve a marriage that was not legal.It depends. New Jersey is a no-fault State, so the courts are not concerned with who caused the marriage to fail. However, if one party committed adultery in a manner that makes him or her unfit as a parent (i.e., buying prostitutes, having an affair with a pedophile, etc.), this behavior may affect the outcome of custody and parenting time.Typically the parent of primary residence must reside in the State in which the child or children were born. If he or she wishes to relocate with the child or children outside of the State, he or she must get consent from the other parent or an Order from the court.Three months.One party must file the Complaint for Divorce, obtain a docket number, and then serve the other party with a summons and the actual Complaint for Divorce. The other party then has 35 days to file a written response.Absolutely.As long as the person who did not file the Complaint for Divorce is properly served (no signature is needed), the filing person will be able to request a default against that person and will quickly obtain a divorce by default.The judge will take testimony to determine whether the terms of the Notice of Final Judgment are fair and equitable. The judge will then incorporate those terms into a Final Judgment of Divorce, which finalizes the divorce.No-fault based means that the cause of the failure of the marriage does not affect either party in the outcome of the divorce. Fault based means that the person who caused the failure of the marriage may receive less with regard to alimony and equitable distribution.Alimony is awarded when there is a disparity in the incomes of the parties. Alimony is based on one person's need for it and the other person's ability to pay it. The purpose of alimony is to allow BOTH parties to live a lifestyle after the divorce that is comparable to the marital lifestyle.No.All assets that were accumulated from the date of the marriage to the date that the Complaint for Divorce was filed (or the date of separation in some cases) are equally divided by the parties.The filing of the Complaint for Divorce is start of the divorce process.In New Jersey, it is when both parties agree to separate and under specific terms. The separation agreement does not get filed like a Complaint for Divorce does.

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