There are a million possible reasons for a couple to determine that their marriage is no longer working and they want to get a divorce. In order to make it simple, the courts in New Jersey have made divorce no-fault, in a way. Meaning, you have to have a reason to get a divorce but they don’t really care for the specific details. As long as a marriage has been in disrepair for at least six months, you can blame the problem on irreconcilable differences and never get into the “he said, she said” of it all.
A divorce starts with the filing of a complaint. There are several grounds that you can use for requesting a divorce, but the most common is irreconcilable differences. It allows a party to state that they want a divorce without the need of slinging mud at their partners and causing additional harm and litigation. Many people will come in and ask if it helps them in a divorce if their spouse has cheated on them. Although it is unfortunate that this has happened to you, it really won’t do very much for you in your divorce. It will give you grounds for divorce but it won’t automatically grant you child custody or spousal support. However, if your spouse has spent marital funds on the relationship with the third party, you may be able to recoup half of those funds if you can prove that they were in fact spent on the extramarital affair.
If you want to get divorced but don’t know where to start, speak with an attorney who can help you begin the process.
The Radol Law Firm is proud to serve the people of New Jersey in their divorce and family law, elder law, estate planning, and bankruptcy matters. Contact our firm today to schedule a consultation.