Top Three Myths About Divorce Debunked by a Divorce Attorney in New Jersey


If you are contemplating filing a divorce and share that with a close friend or family member, nine times out of 10, you will be bombarded with advice about New Jersey divorces. If you share the news about a divorce with others, like a hairdresser or a co-worker, the advice will come at you even faster with other people chiming in and offering unsolicited advice. People tend to share disaster divorce stories not as a cautionary tale but because they are the easiest to remember. While everyone means well, there is no substitute for actually meeting and consulting with a divorce attorney in New Jersey to discuss the particular details of your marriage and your desire to end it. What follows below is a list of the top three myths about divorce in New Jersey as heard by a divorce attorney in New Jersey.

Myth 1: You must get divorced in the same state that you were married.

As long as you meet New Jersey’s residency requirements, you are able to initiate a divorce proceeding in New Jersey even if you were married in another state or country. To satisfy the residency requirement, one of the spouses must be a bona fide resident of New Jersey when the cause of action for divorce arose and continue to be until the filing of the divorce petition. To be a bona fide resident of New Jersey a person needs to have lived in the state for one year immediately preceding the commencement of the divorce action. To learn more about residency requirements for unique divorce circumstances, contact a divorce attorney in New Jersey to schedule a consultation.

Myth 2: You need your spouse’s consent to obtain a NJ divorce.

You do not need a spouse’s consent to obtain a divorce in New Jersey. Divorces are uncontested or contested in New Jersey. An uncontested divorce means the spouses agree to a divorce and have worked out a settlement for the distribution of marital assets. A contested divorce means that a judge will dissolve the marriage and determine the distribution of marital assets because the parties cannot agree to a divorce settlement on their own.

Myth 3: Mothers are always awarded custody of the children.

Custody determinations in New Jersey have two parts- physical custody and legal custody. The standard used by New Jersey courts to determine custody is the best interest of the child. Physical custody means the parent with whom the child resides the majority of the time. The other parent is entitled to visitation. Legal custody means decision making about the child’s health, education, and welfare. Courts typically award joint legal custody to both parents; and award physical custody to one parent only.

Need a New Jersey Divorce Attorney?

 If you are considering a divorce in Hackensack, New Jersey or the surrounding areas, call a divorce attorney in New Jersey today to schedule an initial consultation. You can also request an appointment online here.

 The Giro Law Firm represents individuals in New Jersey ending their marriage. We provide the right information that can help you make the best decisions about your New Jersey divorce case. Request a confidential consultation today through our website or call us at (201) 690-1642. Our divorce and family law practice assists individuals in all family law matters, including same sex-relationships, child support and child custody matters, adoptions, separation, pre and post marital agreements, and guardianship matters.


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