How Do I File For Divorce in Lakewood?
To file for divorce in New Jersey, the filing spouse (or “plaintiff”) must first file a complaint in the family division of the county court, in the county where the reason for divorce took place. The complaint must be accompanied by several other documents. These include:
- A filing letter to the court: this letter simply says that you are filing for divorce and have enclosed the required filing fee.
- A certification of insurance
- A certification of notification of complementary dispute resolution form: this states that you are aware that mediation is an available option.
- Family Part Case Information Statement: filed if there are custody or alimony issues involved in the divorce.
- Confidential litigant information sheet.
Once your complaint is properly filed, the non-filing spouse (or “defendant”) must be given a copy of the complaint and notice to appear in court. The process of providing the defendant with these documents is called “service.” The attorneys at Villani & DeLuca has years of experience handling divorce and divorce-related matter in Ocean and Monmouth Counties.
Collaborative Divorce Attorney in Lakewood
For most spouses, divorce can be an extremely stressful process. Negotiating the terms of the divorce outside of the courtroom may help to lessen the stress. Collaborative divorce is a non-adversarial process by which spouses settle the terms of the divorce outside the court, through the help of lawyers.
While the collaborative divorce process offers advantages like privacy and cost, it is not for every couple. Spouses must be willing to negotiate and work towards a settlement before the process begins. The attorneys at Villani & DeLuca strongly recommend that any spouse’s seeking divorce consider the collaborative divorce process. Mr. DeLuca is one of few lawyers certified as a Matrimonial Attorney by the Supreme Court of New Jersey.
Filing a Restraining Order in Lakewood, NJ
A restraining order is a court order forbidding a person from entering a specific place, or from entering a “buffer zone” around a specific person. There are two types of restraining orders. The first is called a temporary restraining order, which lasts for a limited amount of time. Temporary restraining orders may be issued when it appears that the applicant (the spouse seeking the order) is in danger from domestic violence. The second type is called a final restraining order. It is permanent in duration, and can only be issued if the court specifically finds that domestic violence has occurred.
To apply for a restraining order, an applicant must appear before a judge to testify as to why the order is needed. If the judge feels that there is enough evidence that the applicant is in danger, a temporary restraining order may be issued. If the judge ultimately finds specific evidence of domestic violence, or the defendant admits to domestic violence, a final (permanent) restraining order may be issued.
Call the Experienced Family Lawyers of Villani & DeLuca, P.C.
The law firm of Villani & DeLuca, P.C. has a significant amount of experience assisting clients with family issues in Lakewood Township. Call 732-965-3350 today for a free initial consultation to discuss your issue with a Villani & DeLuca attorney.