New Jersey No Fault Divorce

In this state, the divorcing partner, who files for divorce, is termed as the Plaintiff. The other divorcing partner, who is served a copy of the divorce papers, is known as the Defendant. The action that starts the divorce process is called as the Complaint for Divorce. The action that grants the divorce is called as the Judgment of Divorce. The venue where divorce decisions are heard is known as Superior Court, Chancery Division, Family Part.

Grounds of New Jersey No Fault Divorce

One of the divorcing partners has to state that the marriage has been broken down irretrievably. Moreover, both the wife and the husband must have resided separately for minimum 18 continuous months. This period must be spent not in different rooms but also in altogether different houses. After this period is over, there should not be any reasonable expectation of reconciliation.

Residency requirements of New Jersey No Fault Divorce

One of the divorcing partners must have stayed in this state for minimum 12 consecutive months prior to the filing date of the divorce complaint.

Selection of county wherein to file New Jersey No Fault Divorce

The following protocol is observed while choosing the county in which the action for divorce is filed.

  • The county wherein the Plaintiff lives at the moment when the reason of divorce action sprouted up
  • When the reason of divorce action emerged, if the Plaintiff did not stay in this state, then the county wherein the Defendant lived at that moment is chosen to file the divorce
  • When the cause of divorce action arose, if none of the divorcing partners resided in this state, then the county in which the Plaintiff resided when the divorce action began is selected
  • When the divorce action was initiated, if the Plaintiff was not domiciled in this state, then the county in which the Defendant lives when the service of the process is done is chosen

Education Program

This state executes a "Parents' Education Program" with an intention of promoting cooperation between the divorcing partners. The other aim is to help the divorcing partners to solve issues that may sprout up in course of the divorce or separation process. This is a compulsory program.

Some of the characteristics of this program are as follows.

  • It enables to realize that in cases of domestic violence, cooperation may at some times be incorrect
  • It provides an understanding regarding the way in which the parents can assist children post-divorce and how the parents should manage new family structures and different set of rules
  • It offers resources, tools, ideas and strategies for the parents to help children in course of the divorce or separation
  • It develops the parent’s knowledge regarding how their children would react to a divorce or separation and what information must the parents give to their children regarding the divorce
  • The parents can also learn how to maintain an open communication regarding the divorce and if their children have any concerns or queries regarding the process of divorce, then, how the parents should answer such children

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