Many couples dream of building a future together and imagine a happy married life when they get married. While some couples are fortunate to continue their blessed and happy marriage, others may end up in an unhappy marriage due to incompatible differences and unexpected situations.
For those in an unhappy marriage, some consider legal divorce procedures or simply parting ways. However, if a couple separates without obtaining a court ruling on divorce, they may still be legally bound and could suffer later consequences. Therefore, it is essential to seek a court ruling on divorce.
On the other hand, those who are considering divorce often talk about agreeing with each other and making a few negotiations. However, during the actual process, it can become apparent that agreements have not been reached in various aspects. For example, alimony, child custody, child support, property division, etc., all require agreement and negotiation between the couple. In particular, regarding property division, most states, except for California and a few others, adopt laws that divide the property based on the couple’s contribution during the marriage. Therefore, even the most minor details must be agreed upon.
All divorce procedures start by submitting a petition to the court, which can be submitted by either spouse. The court assigns a case number and sends the petition to the other spouse who has not filed the petition. The other spouse must respond by submitting an answer to the court within a certain period. However, if both parties have already reached an agreement, either through mutual agreement or through lawyers, they can answer based on that agreement.
If the parties cannot reach an agreement, the case may take several months to several years to be settled in court. However, in New Jersey, both spouses must attend court and receive a ruling, whereas in New York, if both parties sign an agreement, they do not necessarily have to attend court. The advantage of not attending court is that it is quicker to obtain a ruling, which can take 3-4 months or longer if documents are submitted. On the other hand, in New Jersey, spouses must attend court, but they usually receive a ruling on the same day, which is faster than in New York.