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Dual Judgement of Divorce vs Judgement of Divorce

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. 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 not intended to be relied upon by any person for any particular case. Nor does this information create an attorney-client relationship between the poster and the answering party. Whenever seeking legal advise, it is always advisable to consult privately with an attorney concerning your particular matter.


  2. It Is basically the same.

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  3. 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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  4. 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 offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.


  5. 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.


  6. 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.