The process of filing for divorce can be mentally draining. The laws at play are complex and address a wide variety of issues, including distribution of property, custody of children, child and spousal support, and much more. Filing for divorce can have extreme personal consequences, including long-term effects on your financial future.
If you are considering divorce in New Jersey, Pagliara Law Group has understanding family law attorneys who know how to handle the sensitive issues involved.
Step 1: Gathering Information for the Divorce
Before beginning the process of legally filing for divorce, you must gather information that the court will require. This information goes beyond basic identifying information for you, your spouse, and your children. A Jersey City family law attorney can help you figure out what you need and gather that information for the court.
Prior to completing divorce documents, you will need to gather the following:
- Grounds for Divorce – You must establish grounds for divorce based on the fault, or misconduct, of one spouse or no-fault, irreconcilable differences. If you are filling a divorce based on fault, you must provide proof of your spouse’s misconduct.
- Court Orders – You must request copies of any court orders that have been issued involving you and/or your spouse, including restraining orders, child support and custody rulings, name change orders, bankruptcies, foreclosures, and any other legal documents.
- Financial Information – You must gather information demonstrating marital and separate property, income verification, investments, retirement accounts, assets, debts, and expenses.
- Personal Documents – You may also need copies of your marriage certificate, child birth certificates, and social security cards.
Step 2: Deciding What You Want
An experienced Jersey City divorce attorney can help you decide what you need from a divorce; however, only you can determine what you want. You need to consider what will make you feel comfortable long after the divorce is finalized. Carefully consider what you will ask for because once the divorce is final, it can be difficult to change the details.
Issues you should consider include:
- Alimony / spousal support
- Child custody and visitation
- Child support
- Division of real property
- Division of personal property
- Division of debts
- Name change
- Insurance policies
- Retirement accounts
Step 3: Complete the Paperwork
It is important that you accurately and completely fill out all divorce documents according to local and state laws and regulations. If you fail to complete even one document, your entire divorce may be thrown out. The more information you provide, the easier the process will be once you proceed to the hearing.
Although each divorce will be slightly different, you must complete at least the following forms:
- Complaint with certification
- Certification of insurance
- Certification of notification of complementary dispute resolution alternatives
- Case information statement
- Confidential litigant information sheet
- Request / fee waiver (optional)
Once complete, these documents must be filed with the Clerk of Courts and also served on your spouse. You must meet deadlines for serving your spouse, and it must be completed in a specific way that proves you made a diligent effort to inform them of the pending divorce.
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