Custody is the legal status of a community of people who are under one roof with each other. It is usually granted when both spouses live in the same house, apart from any grounds for dissolving the marriage. When this type of community property is used in divorce filings, it is necessary to specify the grounds that make this marital property available for dispute in the court.
When speaking about shared custody, New Jersey community property should not be confused with the more common kind. In this case, the couple is required to provide two different reasons why they have to separate. The first reason is that the spouses have to pay alimony since they are dependent on each other. The second is that the spouses have to agree on all their terms, such as the division of property, childcare and other matters.
When speaking about contested custody, New Jersey shared custody is necessary to ensure that the rights of both parents are respected during a divorce. When contested custody is exercised, it is necessary to specify the grounds by which the children of the marriage will be separated, and not necessarily the one that puts the nail in the coffin of the relationship.
Jersey divorce forms
To ensure that the process is smooth and the paperwork is done correctly, it is of great importance to have all the necessary documentation on hand. It is also important to make sure that the requested documents are affixed to the correct wayward spouse. If the requested form is not applied to the correct wayward spouse, it will not be accepted by the court.
Divorce documents in NJ
Regarding divorce in NJ, the first and most important document to fill out is the Petition for Dissolution of Marriage or Legal Separation. This is the component that will be applicable to all the cases of dissolving marriage. It is the most important document for both parties and it must be provided in the beginning of the process. It is also applicable to the Petitioner (the spouse of the petitioner) and the Respondent (the spouse of the petitioner). In both cases, the information about the divorce will be stated. Moreover, there is a special form for a divorce application process that is related to this petition. By filling out these forms, the parties make it possible to submit the documents to the court. The information about the ground for the divorce and the statement of financial needs of the spouses is also necessary for the judge to make the appropriate decision.
Furthermore, there is a Special Temporary Order that must be filled out and signed by the court clerk before the divorce is approved. This document informs the judge that the spouses have reached a compromise regarding the division of their shared responsibilities and rights after the divorce is granted. It also informs the judge that there is no longer a need for a trial.
By making its debut in the New Jersey family court, the respondent is able to shave a few hours from the usual 30 days after the petition was filed. This shaved time is due to the time the court invests in looking through all the documents and deciding on the case. As a rule, the court considers the application deadline of the previous case (July 31st) to be close to the beginning of the new procedure.
NJ divorce forms
The respondent should prepare a set of specified documents to submit to the court. The first set of documents is the Petition for Dissolution of Marriage or Legal Separation. This document can be written by both spouses and it is there where the initiating party of the divorce case indicates their agreement. The document can also contain financial statements and other relevant papers if necessary.
The second set of documents to submit is the Final Decree of Dissolution of Marriage or Final Decree of Marriage for Non-Civilian Matters. Here the initiating party of the divorce case indicates their agreement with the petitioner in the petition. The document is executed when the two parties have reconciled.
Once the petitioner has signed all the relevant forms, she or he should submit them to the court. The court will consider the documents received from the other party and proceed with them to the acknowledgement of service. Once all the relevant forms are submitted, the petitioner will need to serve her/his spouse with the papers. If the respondent is in jail or military service, the period for submission of the documents will be prolonged to two months, unless the judge finds some other conditions applicable to the case.
If the judge finds some fault with one of the spouses in the divorce, the case will be prosecuted by the judge who is elected on a first come, first served basis. The judge will have to fix the fault and make adjustments in the divorce settlement agreement until all the issues are resolved. The judge will also have to make recommendations regarding the further actions to be taken by the petitioner in the case.
Once the settlement agreement is made, the petitioner must send copies of the documents to her/his spouse. The responding party is not required to respond to the petitioners claim but can nonetheless be surprised by it.