Does it matter who files for divorce first in New Jersey?
Posted by Mukund Khanna on July 20th, 2022
Yes, it matters. Whether you file for divorce first or your spouse does, it will likely depend on the specific circumstances of your case. If you are filing for divorce because your spouse cheated, then normally, you would want to be the one who files for divorce first, so that there aren’t any accusations of collusion between spouses.
On the other hand, if you are the party who cheated on your spouse, then it may be in your best interests to file for divorce last because you could still get the house (assuming the place is titled in both names). A court order forcing alimony payments from a cheating ex-spouse after a divorce is granted.
You do not have to be separated before you file for divorce, but if you are still living together after filing for divorce; your spouse could seek an injunction against the filing until the issue is resolved.
Pros of Filing for divorce first in New Jersey:
Cons of filing for divorce first in New Jersey:
You can avoid the waiting time that is required to go through a divorce trial first.
It may be easier for you to move on with your life without contacting your former spouse.
You have to discuss and work out fewer things than there would be if you filed for divorce after living separately for at least 12 months, which can reduce or eliminate the stress associated with divorce.
You may come to some agreement as part of the divorce proceedings, which could save you money and time, and emotional distress.
You can file for a no-fault divorce at any time, but if the parties have been separated for at least 12 months and agree that there are “irreconcilable differences” between the parties, it will speed up the process. Get in touch with a Family law attorney in New Jersey to know more.
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About the AuthorMukund Khanna
Joined: June 22nd, 2022
Articles Posted: 5
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