subject: Misconceptions About Filing For Divorce In Nj. Family Law Firm Morris Bergen Sussex Warren County [print this page] If you are contemplating a NJ divorce, make sure that you have proper legal counsel because the divorce laws are complex. Some people make the mistake of trying to handle the divorce process on their own, which often leads to costly mistakes. This article will clarify some mistakes and misconceptions about divorce and the divorce process.
It Does Not Matter When You File Your Divorce Papers and Divorce Forms
There are several reasons why you should not be hasty in filing your divorce papers or divorce forms. A big reason why you might want to hold off filing is that a person receiving a Complaint for Divorce will generally become agitated, emotional, angry and distant. This can cause a break-down in your settlement discussions because the party being served may no longer be open to negotiate a final settlement agreement.In certain circumstances, it would be advisable to consider engaging in settlement discussions to achieve a total resolution and agreement before filing the divorce forms. However, each situation is unique and a skilled NJ divorce lawyer can advise you on the best approach foryour specific circumstances.
Adultery Financially Harms You in a Divorce
There is a common misconception in New Jersey (NJ) that if your spouse commits adultery, you will receive punitive damages against that spouse for their unfaithfulness to you and your marital vows. While this is true in many States, it is not true in New Jersey. It is natural for you to feel victimized by the act of adultery against you. However, the divorce laws in NJ are forgiving in this area. The New Jersey family law court system and judges will not generally require an unfaithful spouse to make payment for their wrong-doing. Still, in certain situations, relief from your spouse may be warranted. For example, if
your spouse spent marital money on the other person (paramour) during their affair, then you may be entitled to collect reimbursement payments. Talk to a New Jersey divorce attorney for legal advice specific to yoursituation.
A Defendant is the Wrongdoer in Divorce Court
Many people believe that they should rush to file divorce papers with the NJ family court because this will mean that they will be designated as Plaintiff and their spouse will be designated as Defendant. It is true that filing the Complaint for Divorce forms first will translate into your being named Plaintiff for the entire divorce process. However, being named as Plaintiff in divorce court has no other real significance in your divorce matter. There is no inference of blame
assigned to the party who is named as Defendant. This is not a criminal proceeding and therefore the label of Defendant is not meant to be accusatory. Rather, the label of Plaintiff in the divorce process generally translates into the party who will be expected to present his or her case first, should a trial occur.
For more legal help and information about New Jersey divorce and family law related matters or to download a free copy of my divorce guide, visit my web-site at
by: Alimony
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