Statistically, half of the married population will end their marriages, and many will go through it more than once. Despite how often divorce takes place, the average couple is unaware of both the process and its aftermath.
Since knowledge equips participants, here are some things to know about divorce that likely no one has ever told you.
1. The divorce proceedings can be very long
Sometimes the process is quick but in other cases, it can last a year or more. Division of major assets can slow down a divorce significantly. Whether you have a complicated or a simple case, the more you and your spouse can work out ahead of time, the faster the process will likely be.
2. The process can last far beyond the date the divorce decree is issued
This is especially true if you have children, since you will potentially see your former spouse in the same courtroom until your youngest child turns 18. Even without children, you may find yourself back in court for things like a modification to a spousal support order.
3. Even collaborative divorces need court involvement
You and your spouse could agree on everything, but it will still take time for judges to approve certain issues. One example is QDROs – qualified domestic relations orders, which is a judicial order splitting a retirement or pension plan. Under a federal law,these need state court approval even if you and your spouse do not dispute the division.
4. States have residency requirements to file for divorce
Both New York and New Jersey have a residency requirement. In New Jersey, either spouse must have been a resident for at least one year except in the case of adultery, in which one spouse needs only to be a current resident.
In New York, the requirement is more complicated. Either spouse must have resided in the state for at least two years before filing OR have lived in the state continuously for one year AND meet one of the following criteria: (1) gotten married there, (2) lived there as a married couple, or (3) cite grounds for divorce that took place there.
If, as happens often, spouses separate long-term and one moves to another state, more than one state could be a viable location to file. In these situations, it is imperative to understand the effects of filing in each state because the differences in state law could have a drastic effect on the case.
Experienced family law firm serving Bergen County, NJ
The divorce you are about to go through may be your first but it is not ours. Each divorce, separation, dissolution, or child custody dispute will have its own circumstances that will direct its course, but experienced divorce attorneys understand how to spot and respond to the issues.
The lawyers at Kantrowitz, Goldhamer & Graifman are here to guide you through the entire process. We have walked through this process as advocates and confidantes countless times so we understand what you are going through and take the time to explain each step.
If you are headed toward a divorce in New York or New Jersey, put your trust in KGG, a trustworthy Rockland County and Bergen County family law firm.
Additional Resources on Divorce in NJ and NY:
- New York Courts, Residency and Grounds, https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml
- Findlaw, New Jersey Divorce Laws, https://statelaws.findlaw.com/new-jersey-law/new-jersey-legal-requirements-for-divorce.html