FREQUENTLY ASKED QUESTIONS

What is an uncontested divorce?
An Uncontested Divorce is one where all issues regarding equitable distribution, custody and support are already resolved. All that is needed at that point is to complete and sign the necessary paperwork and submit it to the Court.

What is a "no fault" divorce?  Effective October 12, 2010, a divorce can be granted on the grounds that there has been an irretrievable breakdown in the relationship for a period of more than six months.  Divorce will be granted as long as all other collateral issues (custody, support, equitable distribution of marital property) have been resolved.

The "fault" based grounds still exist and are:

- abandonment: the other party has left the marital residence for more than one year and has not returned.

- constructive abandonment: either one party has denied the other person access to the marital residence for more than one year, or one party has refused marital relations with the other party for more than one year.

-adultery: sexual or deviate sexual intercourse with a person not your spouse.

-cruel and inhuman treatment: behavior on the part of the other person that makes it unsafe or improper for you to remain in the same home.

-separation agreement: living separate and apart pursuant to a written separation agreement for more than one year.

-separation decree or judgment: living separate and apart pursuant to a decree or judgment of separation for more than one year

-confinement of the other person in prison for three or more consecutive years.

Do I need a separation agreement?
Where issues regarding equitable distribution, custody or support exist, an agreement should be drafted. For example, the court will want to know that your children are being considered and taken care of. If you own a home together, have undivided personal property, debts, pensions, a separation agreement is a good idea. That way, both parties know exactly where they stand and what they are entitled to when the divorce is final. It’s also a lot easier than litigating these issues.

If I sign a separation agreement, do I have to wait one year to get divorced?
No. Once you sign a separation agreement, you can get a divorce based on any grounds that may apply. You can also choose to wait a year and get divorced on the grounds of living separate and apart pursuant to the terms of the separation agreement for more than one year or based on no fault grounds. Either way, the terms of the separation agreement can be incorporated by reference into the divorce judgment.

Why not save money by using a paralegal service?
Paralegal services cannot offer legal advice. They are nothing more than document preparers. You give them basic information, they prepare documents based on the information you give them. In other words, the documents may be technically correct, but not necessarily right for you. Also, once the documents are prepared, the paralegal service will give you the documents and you are responsible for filing them yourself. Although many people do their own divorce, for a price equal to that of most paralegal services, you can talk to a lawyer, find out what’s right for you, and get your paperwork prepared and filed with no hassle.

What if my spouse won't sign anything?
If your spouse will not cooperate, you can commence the action for divorce and then have him/her formally served with the Summons with Notice by a process server. He/she then has twenty (20) days to appear by contacting us. If He/she does not contact us within twenty days, the court will then grant you a divorce by default. In that case, the fee is the same as an uncontested divorce, except that the cost of the process server is extra.

I have been separated from my spouse for many years and have no idea where he/she is living. How do we serve him/her?
Services are available to attorneys to locate missing people. If that fails, then it may be necessary to get a court order to serve him/her by another method. Once service is complete, you must wait twenty days (thirty days if served out of state) before seeking a default judgment of divorce. If a court order is necessary, there is an additional fee (see Services Offered).