Dual Judgement of Divorce vs Judgement of Divorce

Asked about 1 year ago - Union, NJ

what is the difference between a dual judgment of divorce and a just a judgement of divorce if there is one

Attorney answers (6)

  1. Bryan Todd Eggert

    Contributor Level 9

    8

    Lawyers agree

    Answered . For practical purposes, there really is no difference. I Final Judgment of Divorce is generally based upon one of the parties pleadings (usually the Plaintiff's). A Dual Judgment is based upon the pleadings of both parties (Complaint of Plaintiff and Counter-Claim of Defendant). After that the difference normally ends. The Court has a duty to make a determination of the issues in the case, including equitable distribution, custody of children, alimony, child support, and parenting time. Whether or not both parties have proven the divorce cause of action is generally immaterial to those other issues.

    The above represents legal information and not legal advice nor a legal opinion of Bryan T. Eggert, Esquire. It is... more
  2. Thomas S. Durst

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . Both documents are the same in that they dissolve the marriage and grant a divorce. A Dual Judgment means that one party filed a Complaint for Divorce and the other party filed a Counterclaim and a divorce was granted to each party.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  3. Patricia Ann Dulinski

    Contributor Level 3

    4

    Lawyers agree

    Answered . Sometimes, it is emotionally important to both parties that if they have both plead causes of action based upon irreconcilable differences, that their individual causes of action are recognized at law. For practical purposes, it does not matter whether the Plaintiff or the Defendant are granted a divorce on this cause of action so long as there is an appropriate factual basis that the Court can rely on enter the divorce and dissolve the marriage. Ultimately, the end goal is the same. Absent other factors, this is not an issue that should be litigated.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It Is basically the same.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  5. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  6. Catherine Frances Riordan

    Contributor Level 3

    3

    Lawyers agree

    Answered . A Dual Judgment of Divorce is based upon both parties asking the court for a divorce. This is done when there is a Complaint and a Counterclaim filed with the Court. A judgment of Divorce is when one party is asking the court for a divorce. This is when there is a Complaint for divorce and the defendant either does nothing, or files an appearance or files a Answer. I hope this was helpful.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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