In New Jersey, divorce petitioners prepare for their case by fulfilling the designated prerequisites. These prerequisites are associated with applicable divorce laws upheld in the state. The first of these prerequisites is to fulfill the residency requirements. All petitioners must live in the state for at least one year before filing. A Family Law Lawyer Linwood NJ helps the petitioner identify the remaining prerequisites that apply to their case.
Reviewing Divorce Grounds
In New Jersey, irretrievable breakdown is the most common divorce ground. It indicates that neither party is assigning blame. Both parties are accepting the responsibility of the end of their marriage, and they aren’t seeking a fault-based judgment. Those who want to utilize fault-based grounds must provide proof based on the ground chosen.
Proving Adultery in a Divorce Case
Adultery requires the petitioner to submit evidence of an extra-marital affair. They can acquire help through private investigations. However, they should discuss what type of evidence is admissible with their attorney. Typically, phone records, electronic messages, email messages, and photo evidence is accepted.
Domestic Violence and Extreme Cruelty
Domestic violence or extreme cruelty may require evidence of criminal charges. The state can take measures to protect victims of these heinous acts. They can issue a protection order to prevent further contact between the victim and their spouse. Any violation of the protection order is used against the spouse in the divorce case. They also incur additional criminal charges for these infractions. A family law lawyer in Linwood NJ helps victims acquire these protection orders.
Institutionalization as a Divorce Ground
A petitioner may file for divorce if their spouse has been institutionalized. They must provide evidence of institutionalization for at least two years. They must also provide medical evidence indicating that recovery isn’t possible.
In New Jersey, divorce petitioners must identify prerequisites associated with their case. These requirements may be associated with residency that allows the state to take jurisdiction. They may be associated with a choice between no-fault and fault-based grounds. A divorce petitioner who needs help with identifying these requirements should hire a Family Law Lawyer Linwood NJ by contacting Michael T. Wolf Esq in Linwood NJ right now.
