Carolann M. Aschoff, P.C.

Who qualifies for a simple or summary divorce?

When a New Jersey couple decides to end their marriage, they may often find themselves wondering what to do next. Questions such as how long will the divorce take to be finalized, what is the most suitable plan of action and many more may leave one feeling at a loss. One option available to some may be a simple or summary divorce.

Before deciding that this is the way to go, a couple will have to establish if they qualify for this type of divorce. Each state has specific requirements a couple should meet. In most cases this would include that the couple should have no children, should have limited assets and should not have been married for a long time. The process of a simple divorce is streamlined and simplified.

A summary divorce can be finalized more speedily as there is less paper work in the first place. Secondly, most states require couples who follow this route to resolve aspects of property division without dispute, or at least resolve disputes quickly, leading to fewer negotiations. Lastly, since the requirements of the courts are less strenuous, fewer court appearances may be necessary.   

As each state has its own requirements, a New Jersey couple contemplating a simple divorce may benefit from consulting a family law attorney to establish their eligibility for this type of divorce. Any divorce proceeding, no matter how simple, is no easy undertaking. Having a lawyer clarify many of the legal intricacies may bring some peace of mind.     

Source: FindLaw, "Eligibility for "Summary" Divorce / Dissolution", Accessed on Jan. 24, 2017

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