Divorce Lawyers Near Me in New York, New Jersey, DC & California and what to Expect.
Divorce is a significant life event that can bring emotional and legal challenges. The process and requirements vary by state, making it essential to understand the specific laws and procedures where you live. Finding the best divorce lawyer in New Jersey can make a significant difference in your case. Learn how to select the top attorney to represent you.
Whether you're just starting to consider divorce or are already in the midst of the process, OnwardJustice is here to support your family law needs every step of the way. What follows is what to expect when filing for divorce in New York, New Jersey, Washington D.C., and California.
Important Definitions to Know:
No-Fault Divorce: A no-fault divorce is one where the spouse filing for divorce does not have to prove any wrongdoing or fault by the other spouse. The most common grounds for no-fault divorce are "irreconcilable differences" or an "irretrievable breakdown of the marriage."
Fault Based Divorce: A fault-based divorce is one where the spouse filing for divorce must prove that the other spouse's misconduct or wrongdoing caused the breakdown of the marriage.
Things you should know about divorce in New York, New Jersey, California and Washington D.C.!
Divorce in New York
New York recognizes both no-fault and fault-based grounds for divorce. A no-fault divorce can be granted if the marriage has been irretrievably broken down for at least six months, and includes no specific requirement for a separation period as a grounds. A fault-based divorce has no required separation period. Divorce lawyers in NY handle cases with the unique aspects of New York law. Here's what you need to know when choosing a lawyer in New York.
To file for divorce in New York, you must meet one of the following residency requirements:
Either spouse has lived in New York for at least two years.
Either spouse has lived in New York for at least one year and the marriage occurred in New York, the couple lived in New York as spouses, or the grounds for divorce occurred in New York.
The divorce process in New York typically involves the following steps:
Filing the Initial Papers: The process begins by filing a Summons with Notice or a Summons and Complaint with the court, formally initiating the divorce proceedings. You can obtain the necessary forms from your local county courthouse or the state’s court website. The Summons with Notice provides a brief overview of the relief sought, while the Summons and Complaint includes detailed allegations and requests.
Serving the Divorce Papers: Once the initial documents are filed, the next step is to serve the non-filing spouse with the divorce papers. This must be done by a third party who is not involved in the case, such as a sheriff, process server, or another adult. Proper service ensures that the spouse is officially notified of the divorce and has the opportunity to respond.
Waiting for a Response: After being served, the non-filing spouse has a designated period, typically 20 to 30 days, to respond to the divorce papers. Their response can either agree with the terms proposed, contest them, or request modifications.
Settlement or Trial: If both spouses can agree on the terms of the divorce, including property division, spousal support, and child custody, they will draft and sign a settlement agreement. This agreement is then submitted to the court for approval. If the spouses cannot reach an agreement, the case proceeds to trial, where a judge will make decisions on contested issues based on the evidence presented.
The timeline for divorce can vary from a few months to over a year, depending on the complexity and cooperation between spouses.
Divorce in New Jersey
What is the divorce law in New Jersey, and how does it affect your situation? We’ll walk you through the key points of New Jersey’s legal framework for divorce.
New Jersey (like New York) recognizes both no-fault and fault-based grounds for divorce. A no-fault divorce can be granted if the marriage has been irreconcilably broken down for at least six months, and includes no specific requirement for a separation period as a grounds. A fault-based divorce has no required separation period.
One of the spouses must have lived in New Jersey for at least one year before filing for divorce. However, if the grounds for divorce are adultery, there is no residency requirement.
The divorce process in New Jersey generally involves several essential steps to ensure that the proceedings are conducted correctly:
Filing the Divorce Complaint: The process begins by filing a Complaint for Divorce with the Superior Court in the county where either spouse resides. This document formally initiates the divorce proceedings and includes details about the grounds for divorce, property division, spousal support, and any children involved. The required forms can be obtained from the court’s website or the county courthouse.
Serving the Divorce Papers: After filing, the next step is to serve the divorce papers to the non-filing spouse. This must be done by a third party who is not involved in the case, such as a process server, sheriff, or another adult. The service must be completed according to specific legal requirements to ensure that the spouse is properly notified of the proceedings.
Response Period: Once served, the non-filing spouse has 35 days to respond to the divorce complaint. They can file an Answer and Counterclaim if they agree with the terms, contest them, or request modifications.
Settlement or Trial: If both parties agree on the terms of the divorce, including asset division, alimony, and child custody, they will draft a settlement agreement, which is submitted to the court for approval. If an agreement cannot be reached, the case moves to trial, where a judge will make decisions on disputed issues based on the evidence presented.
The duration of a divorce in New Jersey can range from a few months to a year or more.
Divorce in Washington D.C.
Washington D.C. allows no-fault divorce based on mutual and voluntary separation without cohabitation for six months or one year if separation is not mutual and voluntary.
To file for divorce in D.C., one spouse must have been a resident for at least six months before filing.Divorce lawyers in Washington D.C. are experts in navigating California’s specific legal landscape. Find out how to select the best attorney for your California divorce case.
The divorce process in Washington, D.C. involves several key steps to ensure that the proceedings are handled properly:
Filing a Complaint: The divorce process begins by filing a Complaint for Divorce with the Superior Court of the District of Columbia. This document formally starts the divorce proceedings and outlines the grounds for divorce, as well as requests for property division, spousal support, and child custody if applicable. The necessary forms can be obtained from the court’s website or the courthouse.
Serving the Spouse: After filing, the next step is to serve the divorce complaint to the non-filing spouse. This must be done by a third party who is not involved in the case, such as a process server or sheriff. Proper service ensures that the spouse is officially notified of the divorce and has the opportunity to respond.
Response and Negotiation: The served spouse has 20 days to respond to the complaint. During this period, the spouses may engage in negotiations to reach a settlement agreement. If both parties can agree on the terms of the divorce, they can draft and submit a settlement agreement for court approval.
Settlement or Trial: If the spouses reach a settlement agreement, it is submitted to the court for approval. If the parties cannot agree, the case proceeds to trial, where a judge will resolve the disputed issues based on the evidence presented. The court will then issue a final judgment and decree of divorce.
Divorces in D.C. can take several months to over a year, depending on case specifics.
Divorce in California
California is a no-fault state, meaning the only grounds for divorce are irreconcilable differences or incurable insanity, which must be proven in court. California is also a community property state meaning that marital property is divided equally between spouses at the time of the divorce. This combination of factors can both simplify the legal process of divorce while also leading to unique legal considerations.
To file for divorce in California, one spouse must have been a resident of the state for at least six months and of the county for at least three months. Divorce lawyers in CA are experts in navigating California’s specific legal landscape. Find out how to select the best attorney for your California divorce case,
The divorce process in California typically involves several key steps to ensure that the proceedings are conducted correctly:
Filing a Petition: The process begins by filing a Petition for Dissolution of Marriage with the Superior Court in the county where either spouse resides. This petition initiates the divorce and outlines the grounds for dissolution, along with any requests related to property division, spousal support, and child custody if applicable. The required forms are available from the court’s website or the courthouse.
Serving the Spouse: After filing, the next step is to serve the petition on the other spouse. This must be done by a third party who is not involved in the case, such as a professional process server or sheriff. Proper service ensures that the spouse is officially notified of the divorce proceedings and can participate in the process.
Response and Disclosure: The served spouse has 30 days to respond to the petition. During this period, both spouses are required to complete and exchange financial disclosure documents, which detail their assets, debts, income, and expenses. This transparency is crucial for equitable property division and spousal support determinations.
Settlement or Trial: If both parties can agree on the terms of the divorce, including asset division, spousal support, and custody arrangements, they will draft a Marital Settlement Agreement. This agreement is then submitted to the court for approval. If the parties cannot reach an agreement, the case will proceed to trial, where a judge will make decisions on contested issues based on the evidence presented.
Divorces in California can take six months or longer due to the mandatory waiting period! This is important to note.
Choosing OnwardJustice for Your Divorce
Understanding the divorce process in your state is crucial to making informed decisions during this challenging time. Whether you're in New York, New Jersey, Washington D.C., or California, being well-informed about the legal requirements and procedures can help ease the journey.
Remember, OnwardJustice is here to provide the support and expertise you need to navigate your divorce with confidence. Our experienced family law attorneys are here to guide you through every step, ensuring your rights and interests are protected.
Contact OnwardJustice today to schedule a consultation and take the first step towards a new start to start living the life you want - on your terms.