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What is the First Step of the Divorce Process?

When you are ready to begin the divorce process, our Morris County, NJ divorce lawyers are ready to assist you. Preparing for a divorce can take quite a bit of work, but we can help you with the first steps. This is how you can begin the process.

How Do I Start the Divorce Process?

The first step is to file for divorce in the county where you lived with your spouse before separating. You must have a grounds for divorce, but you can simply say irreconcilable differences to get a “no-fault” divorce if you meet the requirements. You need to have your Complaint for Divorce and documents like a Certification of No Pending Proceedings. You should have multiple copies of all documents and your lawyer can tell you just what you need. Then you have to pay your filing fee and the process can begin.

What Comes Next in the Divorce Process?

Once you have filed for divorce, your spouse is “served’ with divorce papers. They must respond to these. If they do not, you could be granted a default judgment, meaning that you get everything that you ask for.

If your spouse responds, then the divorce process begins. You reveal your finances with each other, identify areas of disagreement, and get ready to negotiate.

How Can My Spouse and I Come to an Agreement?

Once the divorce process is underway, you and your spouse have to come to an agreement on some of the biggest issues that have arisen due to the end of your marriage. This means addressing matters like child custody, child support, alimony, and property division.

This is rarely an easy task, but there are different ways of settling these matters and you may find that one particular dispute resolution method works better for you and your spouse. Options include:

Litigation: Going to court can be expensive and you must let a judge make some big decisions for you, but this can be the only option for some couples who cannot come to an agreement otherwise.

Mediation: You and your spouse work together to come to an agreement on these topics with the help of a neutral, third-party mediator.

Arbitration: This functions like court, but it’s faster and the final decision is legally binding.

Do I Need a Lawyer?

You should have a lawyer when you file for divorce. It’s not required, but if your spouse has an attorney and you do not, you could be at a major disadvantage. An attorney can help you negotiate and advise you before you sign any agreements. Having an experienced lawyer looking out for you can be extremely helpful during the divorce process.

Contact Our Law Firm

Don’t go through the divorce process on your own. An experienced attorney from our firm can help you advocate for your best interests and fight for a fair divorce agreement. So contact Townsend, Tomaio & Newmark and schedule your consultation with our team. We are ready to assist you.

Get to know Townsend Tomaio & Newmark
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