New Jersey Lawyer Blog
According to many legal experts in New Jersey, January is the most popular month for divorce to occur. Nationally, the divorce filing rate in January is one third higher than the rate in other months. In fact, Google searches for divorce related topics have peaked in January, historically between the Jan 6 and Jan 12 time period.
Many legal and relationship experts note that this may occur since many couples view January as the time to embark on New Year’s resolutions and new beginnings. The holiday season also may cause a delay in divorces, since many parents want to maintain a sense of harmony for children during the holiday season in November and December.
There is also a financial component that may drive the trend of January divorces. For example, many parties may feel that if they file for divorce earlier in the year, assets such as end-of-year bonuses will not count towards total marital assets. Many tax professionals also advise couples to wait until the new year in order to consider additional legislation and potential tax breaks.
Other studies, such as those by the University of Washington, have indicated that the holidays are often a time of emotional and financial stress, which can lead to marital problems.
As a reminder, if you are pursuing a divorce there are a few key considerations when filing in New Jersey:
There are two requirements for filing in the State of New Jersey. The first step is to see whether or not you meet those requirements. These are the two requirements:
- You or your spouse must have been a resident of New Jersey for at least one year. If you are filing on the grounds of adultery, this requirement is waived.
- You must select a ground for divorce.
Grounds for Divorce in New Jersey
There are two basic types of grounds for divorce: fault and no fault. A no-fault divorce is usually less costly because you don’t have the burden of proving your spouse’s bad conduct.
There are two no-fault grounds. The most commonly cited one is “irreconcilable differences.” When you use this ground, you are stating that there is little to no hope that you and your spouse will be able to work out your problems and that the causes that led to your decision to divorce will likely remain.
The second no-fault ground is separation. If you and your spouse reside in separate residences for a period of eighteen months, you can file on this ground.
There are several fault grounds. The most commonly used are abandonment, mental and/or physical cruelty, adultery, and drug or alcohol abuse or addiction. Our team of experienced New Jersey divorce attorneys at Aretsky Law Group P.C. can help you navigate the grounds for divorce policies in New Jersey.
If you are seeking a divorce attorney in the new year, here are some considerations:
- is accessible 24/7;
- shows compassion;
- is experienced in both negotiation and litigation; and
- offers a valuable initial consultation.
Divorce is stressful, but the experienced and compassionate New Jersey divorce attorneys at Aretsky Law Group, P.C., are dedicated to guiding you through the difficult process with as little anxiety as possible. We will be with you every step of the way to ensure that your rights are protected and your needs met.