Divorce

The spouses can divorce in New York and New Jersey by mutual consent. This process is much faster and easier. But if one partner disagrees, the legal procedure for a disputed divorce begins.

Stages of disputed divorce in New York and New Jersey:

– One of the spouses draws up a divorce application with the help of a lawyer. It indicates the reasons for why the divorce is wanted. Within 120 days, the applicant for divorce must hand over a summons to their spouse about it.

– The spouse who does not agree with the divorce has 20-30 days to accept the terms of divorce or challenge them.

– After that, the spouse who wants to divorce goes to court. Preliminary hearings should be scheduled within 45 days thereafter.

– Each of the spouses must provide a report on their income, property and debts no later than 10 days before the preliminary hearing. The judge may also ask the lawyers of the parties to consult each other to discuss possible compromises.

– At preliminary hearings, the court considers the proposal by the spouses of the terms of divorce and sets the date of the official hearing.

– If a compromise is never reached between the spouses, and one of the parties still does not want to divorce or does not accept the proposed terms of divorce, the lawyers of the parties begin to collect arguments and evidence that will use to protect their client. In the process, they can meet to discuss it with each other and try to come to a compromise again.

– At the final court session, the court listens to both parties and makes a final decision to be observed.

– If both parties or one of the parties is not satisfied with the court decision, they have the right to appeal to a higher court.