South Jersey Laws
Essential Facts About Divorce


Divorce

Divorce is the legal procedure used to end a marriage. Once a divorce is granted the man and woman are no longer husband and wife. When a man and woman get married they enter into a contract of marriage which is recognized by our court system as carrying certain responsibilities. Divorce is the legal mechanism for ending the contract of marriage.


Uncontested Divorce

When a man and a woman agree to be divorced and agree upon their rights and responsibilities regarding the division of their property, alimony, child custody and support, the divorce is called “uncontested”. Uncontested divorces are usually handled very quickly by the court.


Contested Divorce

  • If one spouse does not want to be divorced, or does not agree to all of the terms for divorce, including the division of property, alimony, child custody and child support, the divorce is 'contested.'
  • In contested cases the court must determine the appropriate terms for the divorce. Contested divorces take longer to finalize since there may be a trial on the areas that cannot be settled between the parties.

Legal Separation

A 'legal separation' is NOT a divorce. A legal separation is a court-ordered arrangement for a husband and wife to live separately, usually for a limited period of time. Legal separation often precedes a final divorce proceeding.


Annulment

Divorce ends an existing marriage, but annulment establishes that a marriage never legally existed (e.g., where the couple was not legally old enough to marry).

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