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LegalGems
LegalGems, Lawyer
Category: Family Law
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I live in NJ. I'am having an affair and wish to leave my

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I live in NJ. I'am having an affair and wish to leave my wife. Have no childeren, ansd wife makes the same amount of cash as me. What do I need to do to be prepared? and what are the first several steps I need to take?
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

Thank you for your patience.

(I apologize - I had to edit; for some reason my posts came through in the wrong order)

If a party is claiming fault (adultery) the party claiming that must prove the adultery.

To obtain a no fault divorce (most common)

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  • You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.

  • You and your spouse must have experienced irreconcilable differences for six months.

  • The irreconcilable differences make it appear that the marriage should be dissolved.

  • There is no reasonable prospect of reconciliation.

  • Here is the law re: equitable division of property- basically the fair division of property (fair does not necessarily mean equal):
    ftp://www.njleg.state.nj.us/19961997/A0500/82_i1.pdf

    This will walk one through the steps- the first step being filing a complaint and serving the other party:

    http://www.lsnjlaw.org/publications/pages/manuals/divorceguide.pdf

    Link to forms: http://www.judiciary.state.nj.us/prose/

    Generally the courts will not award alimony if both parties have the same income.

Expert:  LegalGems replied 10 months ago.

The posts are still going through in an odd order.

Please let me know if the above makes sense.

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