DIVORCE
Divorce can be one of the most confusing, emotional and difficult things you will ever go through in your life. There are so many important deadlines you don't want to miss, documents to be filed with the Court and a lot of legal mumbo jumbo that quickly gets confusing.
Here are some of the questions you may have during a Divorce:
1. Do I need a reason to file for Divorce?
Yes, you do. But New Jersey offers many different reasons to file for Divorce. You can review those here:
https://www.kellymcgrifflaw.com/single-post/2015/03/22/New-Jersey-grounds-for-Divorce
2. Can I file for Divorce while my spouse and I are still living together?
Yes you can. In order to file for Divorce based on Irreconcilable Differences, you only have to tell the Court that
Irreconcilable Differences have existed in your marriage for at least 6 months prior to filing for Divorce. It does
not require that you and your spouse actually be living separate and apart. However, some of the other reasons
to file for Divorce have different requirements. Review those reasons here:
https://www.kellymcgrifflaw.com/single-post/2015/03/22/New-Jersey-grounds-for-Divorce
3. I've been served with a Divorce Complaint filed by my spouse, what should I do?
The simple and quick answer is: file a response. A response can be either an Answer where you admit or deny
the allegations in each paragraph of the Complaint or an Answer & Counterclaim where in addition to admitting
to denying the allegations in each paragraph of the Complaint, you also ask the Court what the relief that you
want. For instance, if your spouse only asked for a Divorce and equitable distribution but you want (and should)
address custody, parenting time and child support issues, you must file a Counterclaim in order to address those
issues. Not sure where to file, how much it is to file, etc? Find out more here: https://www.kellymcgrifflaw.com/single-post/2016/02/17/What-do-I-do-if-I%E2%80%99m-served-with-a-Divorce-Complaint-by-my-spouse
4. I now realize getting married was a mistake, can I get an annulment?
Probably not. In New Jersey, you do not qualify for an annulment simply because you realize the marriage was a
mistake. You only qualify for an Annulment in New Jersey if: 1) your marriage is illegal (i.e. one of you was
married to someone else at the time); 2) mental incapacitation or intoxication prevented you or your spouse from
realizing that you were getting married; or 3) you or your spouse entered the marriage due to fraud or lies. There
are a few other reasons that you can read about here:
https://www.kellymcgrifflaw.com/single-post/2016/04/05/Can-I-get-an-annulment
5. Will I have to pay my spouse alimony?
Payment of alimony can be a touchy subject. The person receiving Alimony usually believes that are entitled to it
and the person paying it usually feels the other spouse ""should get a job" or "make more money" instead of
"sitting back and getting paid by me." The amount of Alimony is also difficult to predict. Unfortunately, there is
not a computer program like the Child Support Guidelines. There are a number of factors the Court considers
when determining whether Alimony is appropriate and if so, how much. THE most important document you
will file during your Divorce if Alimony is an issue, is what's called a Case Information Statement (CIS). That is
a detailed financial document that includes questions about your prior and current incomes as well as your
current and marital expenses, assets and liabilities. This is an extremely important document because the Court
will rely on it to determine if Alimony is necessary and if so, how much. I can't tell you how many times I've
seen people (even those represented by an attorney) rush through this document and find themselves having to
justify what they are asking for at Trial because their CIS doesn't indicate the need.
6. Will the Tax Cuts & Job Act impact my Alimony?
If your Divorce is finalized by December 31, 2018, then no it will not. If you are Divorced January 1, 2019 or any
time thereafter, then yes it will. If you aren't sure how the Act can impact your Alimony, read this blog post:
If you are still confused, contact me to discuss me handling your Divorce for you!
If you are planning to represent yourself, I have a great service for you!
Planning to represent yourself in a Divorce? Just because you do not have an attorney doesn't mean you should simply wing it and be unprepared for Court and unfamiliar with the Law. Divorce Q&A Sessions are a month to month service where you have a 1 hour consultation with me each month and we discuss the specific area you are in your Divorce. That way we are only focusing on what you need to know and do that month instead of you learning everything you need to know during your entire Divorce and overloading your brain.