Divorce Lawyers in Marlton, NJ
Ending a marriage involves legal, financial and personal decisions that can shape the years ahead. Domers Bonamassa Farrow guides clients through divorce in Burlington County, Camden County and throughout South Jersey, whether the case settles through negotiation or mediation or requires a trial.
Grounds for Divorce in New Jersey
New Jersey allows both no-fault and fault-based divorce under N.J.S.A. 2A:34-2. Most divorces are filed on the no-fault ground of irreconcilable differences, which requires that the differences have caused the breakdown of the marriage for at least six months and that there is no reasonable prospect of reconciliation.
Other grounds include:
- separation, when the spouses have lived in different homes for at least 18 consecutive months with no reasonable prospect of reconciliation;
- adultery;
- willful and continued desertion for 12 or more months;
- extreme cruelty, with the complaint filed at least three months after the last act of cruelty;
- voluntarily induced drug addiction or habitual drunkenness for 12 or more consecutive months;
- institutionalization for mental illness for 24 or more consecutive months;
- imprisonment for 18 or more consecutive months; and
- deviant sexual conduct performed without the other spouse’s consent.
Residency Requirement
Under N.J.S.A. 2A:34-10, at least one spouse must have been a bona fide resident of New Jersey for the year before the divorce complaint is filed. The one-year requirement does not apply to a divorce based on adultery.
Issues Decided in a Divorce
A judgment of divorce resolves more than the marriage itself. Depending on the family, it may address:
- child custody and parenting time;
- child support, including contributions to college costs;
- alimony;
- equitable distribution of property and debts; and
- health insurance, life insurance and counsel fees.
The Divorce Process
A divorce begins with a complaint filed in the Family Part of the Superior Court. The other spouse may file an answer and a counterclaim. Each party must complete a Case Information Statement, a detailed financial disclosure of income, expenses, assets and debts. The parties then exchange information through discovery.
Economic issues are often presented to a Matrimonial Early Settlement Panel of experienced family law attorneys, who recommend a settlement. If issues remain, the court may refer the case to economic mediation. When custody or parenting time is disputed, parents are generally referred to mediation for those issues. Issues that cannot be resolved are decided by a judge at trial.
Settlement, Mediation and Arbitration
Most divorces end with a marital settlement agreement that the court incorporates into the final judgment. Mediation and arbitration can help couples reach that agreement privately and at lower cost. Alan Domers is an accredited divorce mediator and divorce arbitrator. Learn more about divorce mediation and arbitration.
Civil Unions and Domestic Partnerships
New Jersey law applies many of the same rules to the dissolution of a civil union, including alimony and equitable distribution. The firm also assists with the termination of domestic partnerships.
Related Family Law Pages
Speak With a Marlton Divorce Lawyer
If you are considering divorce or have been served with a complaint, request a consultation or call (856) 596-2888.
Disclaimer
This page provides general information about New Jersey law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change, and the outcome of any case depends on its specific facts.