Westfield Mediation, LLC
  • Home
  • About us
  • Mediation Services
  • Resources
  • FAQ
  • Contact us
  • Blog

Divorce happens in civil court

5/26/2017

0 Comments

 
Many couples do not realized when they start divorce mediation that only one person can file the paperwork to start the court process.  The court considers divorce to be a civil case where one person is suing the other and there is a plaintiff and a defendant.  So in order for the state of New Jersey to know that you want to get divorced, one person within the couple has to be the complainant and start the proceedings by filing the initial paperwork.  The other member of the couple is served the paperwork and identified within the court system as the defendant, even if you are in 100% agreement about everything.

With the initial paperwork, you have to decide the grounds for divorce. New Jersey is a no-fault state when it comes to divorce.  That means that the reason you are getting divorced does not have an impact on the outcome of the divorce.  For example, you do not have to pay more in alimony because you had an affair. And you do not get more alimony because your spouse had an affair. However, when you get divorced you do have to give a reason to the courts why you want to get divorced. 


There are two no-fault reasons in New Jersey- irreconcilable differences for at least six months and physically separated in different residences with no sexual relations with one another for a minimum of 18 months. Almost all our clients at
Westfield Mediation, LLC, pick irreconcilable differences as their grounds for divorce, even if they can prove one of the fault reasons (adultery, mental or physical cruelty, drug habituation, etc.).  Most people choose irreconcilable differences because it is the path of least resistance.  If you pick a fault reason in a divorce then you must supply additional evidence to support your claim.  You can’t go around and accuse someone of having affairs or abusing drugs and tarnish a good reputation because you are mad at your spouse for wanting a divorce.  There must be supporting proof. And since New Jersey is a no-fault state many people don’t want to bother going through the extra steps it takes for a fault divorce versus a no-fault divorce.  Of course, you always have that option. 

​For more information about Divorce Mediation contact Randi M. Albert, JD, or Michelle Weinberg, M.Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC, at 908.913.0373.  View our website at
www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Authors

    Michelle Weinberg, M.Ed.,LMFT, is a Licensed Marriage and Family Therapist with many years of experience working with couples.

    Randi M. Albert, JD, is an attorney with experience in family law and public service.

    Archives

    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011

    Categories

    All
    Division Of Assets And Liabilities
    Divorce Attorney
    Divorce Mediation Process
    Money
    Parenting

    RSS Feed

Powered by Create your own unique website with customizable templates.