In New Jersey, a marriage can be dissolved in three ways. These include by way of a Final Judgement of Divorce, Divorce by Bed and Board and by filing an annulment. If only one party wants to end the marriage, he or she does not need the consent or approval of his or her spouse. The spouse who files for divorce does not need to prove that his or her ex has done something wrong or faulty during the time they were together as a couple. New Jersey is a ‘no-fault’ state, where parties would be divorced on the grounds of irreconcilable differneces. While fault grounds are still available to the parties, they are only utilized in certain extreme circumstances. A fact specific analysis of your case will be required to determine what cause of action is best.
A ‘no fault’ ground divorce will be granted by way of divorce judgment or ruling following a trial in the event the parties are not able to settle. Further, though evidence of bad behavior is not needed for the court to grant a divorce, it is certainly considered when doing a statutory analysis for custody and parenting time. A licensed and competent lawyer in your jurisdiction can provide you the facts and factors that will have an impact on the outcome of your case.
If you want to get married again, you need to get a divorce or file for an annulment. To file for a divorce in New Jersey, you need to meet specific residency requirements. For example, if a couple moved to New Jersey and wanted to get a divorce, they may do so after one of them has met the residency requirements and have lived in the state for at least one year.
There is no legal separation in New Jersey. While this is true, it might be appropriate to draft a post-nuptial agreement that would be utilized in the event of divorce. The post-nuptial agreement can only deal with financial issues, and not those of custody and parenting time.
