Bergen County
Family Law and Divorce Lawyer
Family Law and Divorce Lawyer
Serving Residents of Bergen, Passaic, Hudson and Essex Counties in Divorce, Alimony, Child Support, and Custody Cases.
Reasons (Grounds) for Divorce in New Jersey
- Is There a Difference Between a Contested and Uncontested Divorce Complaint?
- Do We Have to Live Apart for 18 Months Before We Can Get Divorced?
- What is a Common Ground Used in the Uncontested Divorce Complaint?
- Should I List What My Spouse Did Wrong in the Complaint for Divorce: What’s the Effect?
Is There a Difference Between a Contested and Uncontested Divorce Complaint?
The same basic complaint for divorce can be used for a contested or uncontested divorce in all 21 counties in the State of New Jersey.
Do We Have to Live Apart for 18 Months Before We Can Get Divorced?
One of the biggest myths in New Jersey divorce is that a couple has to live separate and apart for 18 months prior to filing for divorce. Nothing could be further from the truth. A couple can get divorced based on irreconcilable differences if they have had "irreconcilable differences" for at least 6 consecutive months prior to filing the complaint for divorce.
What is a Common Ground Used in the Uncontested Divorce Complaint?
The most utilized ground for divorce in New Jersey is irreconcilable differences. Irreconcilable differences essentially means that for at least the last 6 months you and your spouse have had differences, and that in your opinion the differences cannot be reconciled – i.e., you can’t get past these differences, so you want a divorce. The actual language is that there is “no reasonable prospect of reconciliation”. You don’t have to live in separate residences to get a divorce on the grounds of irreconcilable differences. You and your spouse can live together throughout the entire divorce process. Other common, but less used grounds for divorce in New Jersey are: adultery, 18 months separation, extreme mental cruelty, and desertion.
Should I List What My Spouse Did Wrong in the Complaint for Divorce: What’s the Effect?
In an uncontested divorce it makes no sense to list the marital issues and controversies in an uncontested divorce complaint. Your goal in an uncontested divorce is to get the divorce started and finished as quickly and drama-free as possible. By listing all of the marital “dirty laundry” in an uncontested case you may provoke your spouse to contest the case, and file an equally revealing Answer just to save face, and feel like they are defending their name and their honor.
Client Reviews
Divorce can be a nasty and trying time in someone’s life. Thank God for Brian Iton who showed compassion and quickly answered all my questions and concerns. His rates were reasonable and Mr. Iton made the process as painless as possible. I was very impressed with the professionalism and attention to...
Just a note to thank you for your professionalism, competence and passion for what you do. I appreciate you taking out the time to always explain the steps surrounding my divorce. It helps greatly to understand where I’m going. You were truly a blessing in this difficult time in my life
"In my search for legal representation, I had consultations with several law firms in New Jersey and was taken aback by their lengthy, expensive and complex retainer agreements. Luckily, I stumbled onto Iton Law and can truly say that Brian delivered to my utmost satisfaction."
"The Iton Law Firm made a traumatic life event an easier one! From the moment I reached out to Brian at the law firm, I was handled with kid gloves. Brian not only listened but was empathetic and caring ... the time and patience he showed during this hardship was unbelievable. The process was...
"Going through a divorce is the most difficult thing I have ever had to do. Brian made the legal process easy and worry-free. I really appreciate the patience and kindness he showed me from start to finish. I highly recommend Iton Law."
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