New Jersey Family Law
Our Distinguished Record of Family
Law Representation
We have been representing
clients in New Jersey exclusively with their Family Law matters for more than half
a century. As a firm focusing on family law, our lawyers take
the time to get to know our clients, understand their legal
needs and become familiar with their special situations. We
treat each client with dignity and respect. We focus on quality
legal representation, attention to detail, and communicating
with our clients. We take the time to understand the challenges
that our clients face.
In addition to all spectrums of
New Jersey divorce
matters, we practice the following areas of Family Law in
NJ:
Prenuptial Agreements
A premarital agreement can be an effective tool to guard one's
assets in the event of a divorce, but only when created
according to New Jersey guidelines.
Cohabitation Agreements
A premarital or cohabitation agreement is used by a couple to
determine the rights and obligations of each individual in the
event of a divorce, separation, or death. If prepared properly,
these agreements can be valuable tools in controlling how
matters are handled.
Divorce Mediation
If you are considering filing for a divorce, you should know
that there are often better alternatives than to fight over
every stick of furniture, vacation property, or who gets the
BMW.
Domestic Violence
Domestic violence laws in New Jersey have become powerful tools
to redress abusive behavior engaged in by individuals in a
family-style relationship. A restraining order can be an
effective tool to stop harassing behavior of a family member,
spouse, domestic partner, or ex-partner. However, domestic
violence charges are very serious and should not be taken
lightly.
Child Custody & Visitation
The Law Office of Diamond and Diamond, P.A. believes that
divorce doesn't have to be about dividing a child in two or
using a child as a weapon in an escalating war between you and
your ex-spouse. Let us show you a better way to a child custody,
support, and visitation schedule that the courts will approve,
and your child will understand.
The divorce procedure can seem
daunting and may be traumatic for all involved. Our
knowledgeable lawyers will guide you through this difficult time
using the experience they've gained over the years dealing with
families in similar situations.
GROUNDS FOR DIVORCE
In order to file for a divorce in
New Jersey, either spouse must have been a resident of the State
for at least one year prior to the filing of the action. The
only exception to the one year residency requirement is when the
ground for divorce is adultery. In cases of adultery the
requirement is that one spouse be a resident. New Jersey
recognizes eight grounds or causes for which a divorce may be
granted. These causes of action are grouped under either a fault
or a no-fault divorce classification.
No-Fault Divorce Cause
of Action
Separation
Separation is New Jersey's only
no-fault ground for divorce. Husband and wife must have lived
separately, in different houses (and not only different rooms)
for a period of at least 18 consecutive months and without a
reasonable expectation of reconciliation. N.J.S.A. 2A:34-2A(d).
Irreconcilable Differences
Differences
which have
caused the breakdown of the marriage for a six month period of
time and which makes it appear that the marriage should be
dissolved and there is no reasonable prospect of
reconciliation.
Fault Divorce Causes of
Action
Extreme Cruelty
Extreme cruelty includes any
physical or mental cruelty that makes it improper or
unreasonable to expect the victim to cohabitate with his or
her spouse. N.J.S.A. 2A:34-2(c).
Adultery
The courts have held that
"adultery exists when one spouse rejects the other by entering
into a personal intimate relationship with any other person,
irrespective of the specific sexual acts performed; the
rejection of the spouse coupled with out-of-marriage intimacy
constitutes adultery". New Jersey Court Rule 5:4-2 requires that
the plaintiff in an adultery action state the name of the person
with whom the offending conduct was committed. If the name is
not known, the plaintiff must give as much information as
possible tending to describe the person.
Desertion
Willful and continuous
desertion by one party for a period of 12 or more months and
adequate proof that the parties have ceased to live together as
man and wife constitutes desertion under N.J.S.A. 2A:34-2(b). It
is important to note that the parties may live in the same
house. The crucial element here is "as man and wife". Thus,
desertion may be claimed after 12 or more months of no sexual
relations.
Addiction
Under N.S.J.A 2A:34-2(e),
addiction involves a dependence on a narcotic or other
controlled, dangerous substance or a habitual drunkenness for a
period of 12 or more consecutive months immediately preceding
the filing of the complaint. The evidence must show that the use
of alcohol and drugs was persistent and substantial.
Institutionalization
When one spouse has been
institutionalized for mental illness for a period of 24 or more
consecutive months after the marriage and prior to the filing of
the complaint, institutionalization is a ground for divorce
under N.J.S.A. 2A:34-2(f). The issue to be determined is whether
or not the spouse is able to function as a working partner in
the marriage.
Imprisonment
Imprisonment as a ground for
divorce occurs when a spouse has been in prison for 18 or more
months after the marriage. N.J.S.A. 2A:34-2(g). The parties must
not have resumed cohabitation after the imprisonment.
Deviant Sexual Conduct
This is a ground for divorce
upon proof that defendant/spouse has engaged in deviant sexual
conduct without the consent of the plaintiff spouse. N.J.S.A.
2A:34-2(h).
PROCESS OF A DIVORCE
PROCEDURE IN NEW JERSEY
Jurisdiction
N.J.S.A. 2A:34-9 et seq.
provides the Superior Court of New Jersey's authority over all
causes of divorce when either party is a resident of this State
at the time the action is started and process is served upon the
defendant. Furthermore, the jurisdiction or authority of the
court over the defendant is fully established when the defendant
files an acknowledgment of service of process, enters an
Appearance, or files an Answer to the complaint.
The Complaint
Filing a complaint begins a
divorce action. A complaint shall be filed in the county in
which the plaintiff was residing when the cause of action arose
or, if the plaintiff was not then living in New Jersey, the
county in which the defendant was living when the cause of
action arose. If neither party was living in New Jersey when the
cause of action arose, then the complaint shall be filed in the
county where plaintiff presently resides or in the county where
defendant is living if the plaintiff no longer lives in the
State.
The requirements regarding the
content of the complaint are described in the New Jersey Court
Rules, Rule.5:4-2, and require a statement as to the essential
facts which form the basis for the petition for divorce (see
above listed causes of action), the addresses of the parties,
and in cases involving a child, the address, date of birth, and
information as to where and with whom the child resides. In a
divorce action where adultery or deviant sexual conduct is
alleged, the complaint shall state the name of the person with
whom such conduct was committed, if known. If not known, the
complaint shall state available information tending to describe
such person, including details of the time, place, and
circumstances under which acts or series of acts took place.
Course of Litigation
Through the Courts
Once each party has filed his
or her CIS, cases are separated into one of four categories for
purposes of case management: priority, complex, expedited, or
standard. Alternatively, the parties may agree upon a designated
track.
Case Management
Conferences
Within 30 days after the filing
of the last pleading, the court will schedule a case management
conference that may be held via telephone conference. The
purpose of the case management conference is to address
discovery timeliness and ultimately determine a trial date, if
necessary, to be determined based upon the case's assigned
track.
Discovery
New Jersey Court Rule 5:5-1
allows for discovery, including interrogatories, depositions,
production of documents, requests for admissions and copies of
documents. Certain limitations surround discovery in family
actions (including who may be deposed), which are governed by
R.5:5-1 and the Rules concerning discovery under R.4:12 through
4:17. The Case Management Conference may establish when
discovery will conclude.
Request to Enter a
Divorce by Default
Sometimes, defendant fails to
file an Answer or an Appearance to the Complaint. Rule 4:43
governs the entry of default against such party. The rule
requires the party requesting entry by default to make a formal
written request, supported by the attorney's affidavit. The
affidavit explain the manner of service of the Complaint upon
the defendant, the date of service, and that all time periods in
which the defendant may file a pleading have expired. The
request and affidavit must be filed together within 6 months of
the actual default. Notice of the request must be filed upon the
defaulting party. This does not end the process if the plaintiff
is seeking equitable distribution, alimony, child support, or
any other relief.
When the plaintiff seeks
equitable distribution, alimony, child support or any other
relief, a Notice of Application for Equitable Distribution
pursuant to R.5:5-2 is required prior to the entry of Default.
This Notice shall be filed and served upon the defendant at
least 20 days prior to the hearing date and must include the
following:
-
Notice of the trial date;
-
Statement of the value of each asset;
- The
amount of each debt sought to be distributed;
- A
proposal for distribution;
- A
statement whether plaintiff is seeking alimony and/or
child support and, if so, the amount; and
- A
statement of any other relief sought.
As a result, the moving party
must still attend Court in order to obtain entry by Default.
With more than half a century's
experience, it's easy to see that Diamond &
Diamond, PA is the smart choice when you find yourself in need of
legal representation in family law, divorce, domestic violence
or child custody matters in New Jersey.
Email or call us now at 973.379.9292
Diamond & Diamond, PA
New Jersey
Family Law & Divorce
225 Millburn
Avenue, Suite 208
Millburn, New Jersey 07041
Telephone: 973-379-9292
Facsimile: 973-379-9210
