How to File For an Uncontested Divorce
By: Dean Matthews | Posted: 30th March 2010
An uncontested divorce is also called a simple divorce, for good reason. It occurs usually when both parties are able to agree on all the key issues without having a courtroom battle. Attorney Benjamin Ginter runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey. Here, he talks about how to file for an uncontested divorce.
Divorce is always a difficult issue, but it can be a lot easier for both parties if it is uncontested. Uncontested divorce is the way most people divorce. It's simple and inexpensive, and it offers you and your spouse the chance to end your marriage quietly, quickly and with dignity. It occurs when:
1. There are no disagreements between you and your spouse over any financial - or divorce - related issues, such as child custody and support, division of marital property or spousal support.
2. Your spouse either agrees to the divorce or fails to appear in the divorce action.
3.
To Consult a Lawyer
The help of a lawyer is needed when one partner is asking for either alimony or share of the other one’s pension plan. This can be a complicated process, and in some cases, it will turn out that the divorce is no longer uncontested.
If you cannot find your spouse, procedures are in place to make the divorce possible. Often this occurs when the two parties have been separated for long period of time, and one party does not know where the other is residing. When this happens, consultation with a divorce lawyer is also recommended.
The Grounds for Divorce in New Jersey
There are a number of legal reasons which permit the court to grant a divorce, including, but not limited to, irreconcilable differences which have caused the breakdown of the marriage for a period of 6 months, adultery, extreme cruelty, separation, voluntarily induced addition, institutionalization for mental illness, imprisonment, desertion, habitual drunkenness or deviant sexual conduct. One of the spouses must have resided in New Jersey for at least 12 continuous months for either spouse to be able to seek a divorce in the Superior Court of New Jersey.
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Tags: pension plan, law offices, child custody, disagreements, alimony, adultery, irreconcilable differences, divorce action, divorce lawyer, uncontested divorce, grounds for divorce, desertion