How long does a divorce take in nj

The process of divorce can be long and grueling, depending on the circumstances. In New Jersey, it can be especially long for certain cases. Most divorces in New Jersey should be complete in less than 12 months, with a few exceptions. The shortest amount of time is a little less than two months. If you or someone you know is filing for divorce, there are a few things you should consider.

Factors that Affect the Time of a Divorce

If a couple has decided to file a no-fault divorce, the process can take approximately a month and a half to be finalized. A no-fault divorce means that the couple is citing irreconcilable differences as grounds for divorce. This kind of divorce requires both parties to state that their marriage has been suffering for at least six months without the likelihood of repair. If there are children or assets involved and if both parties blame each other for the divorce, the process can take significantly longer.

Contested Divorces and Child Custody

A contested divorce involves equitable distribution. This does not always mean that assets and properties are equally split between parties. In most cases, it means that properties are divided based on what the court decides as fair. If a marriage is contested and a couple cannot come to a child custody agreement, it is up to the court to decide which parent is better suited to care for their children. The court decides this by focusing on what they feel is best for the child, as well as the child’s relationship to each parent.

New Jersey requires both parents to financially support the child, regardless whether or not the parent has custody. The court will decide on how much each parent will need to pay based on their financial situation.

Uncontested Divorces

An uncontested divorce occurs when both parties agree to a divorce and there are no disagreements on factors such as alimony, child support and custody, and the division of marital property. Uncontested divorces can lead to an expedited divorce process, which can seem appealing but can also be risky. Divorces that are based on the couple’s settlement agreement can have long-term negative effects on finances and parental rights. Therefore, it is important to hire a divorce lawyer to help you through the process.

While it is true that many marriage dissolution cases are hotly contested, there are also situations in which a couple is able to pursue a New Jersey uncontested divorce. If you are contemplating ending your marriage, and you and your spouse believe that you may be able to settle the case without going to trial, you undoubtedly have several important questions. Among these questions likely is how long does an uncontested divorce take in the state of New Jersey?

The bottom line is that there is no hard and fast timeframe within which an New Jersey uncontested divorce will be completed. The focus really needs to be on possible points in the process that might delay the resolution of an uncontested divorce case.

New Jersey law requires that at least one spouse reside in the state for a minimum period of time before a divorce case can be filed. Specifically, before a New Jersey divorce case can be commenced, at least one spouse must live in the state for a minimum of one year.

One exception to the one-year residency requirement does exist. This residency requirement doesn’t exist in a situation in which the spouse filing for divorce is alleging adultery as the grounds for seeking a marriage dissolution.

Following the filing of a marriage dissolution complaint and associated documents with the clerk of the court in the county where the person pursuing a divorce resides, the “divorce papers” must be served on the other spouse. (Technically speaking, divorce papers are known as pleadings.) The divorce papers encompass the complaint and other documents filed with the court clerk to commence the case. They also include what is identified as a summons.

The summons sets forth basic information about the court as well as a deadline by which the other spouse must file an answer to the complaint. In New Jersey, the responding spouse has 35 days to file an answer to the marriage dissolution complaint.

A discussion of a New Jersey divorce that is not contested is incomplete without noting the difference between the terms “default divorce” and “uncontested divorce.” In basic terms, a default divorce is a type of uncontested divorce, a subcategory of uncontested divorce.

If the person being sued for divorce fails to respond to the complaint within 35 days, the person who filed the marriage dissolution action is entitled to seek what is known as a default divorce. In order to obtain a default judgment from the court, the party who filed the divorce complaint – the petitioner – must demonstrate to the court that the respondent properly was served with the “divorce paperwork.”

The key to keeping an uncontested divorce moving along at a steady, efficient pace, is reaching agreement between the spouses and writing a suitable divorce settlement agreement. Two crucial points need to be made about the marital settlement agreement.

First, this type of agreement must be legally sufficient. In other words, the manner in which the document is drafted must meet the requirements of New Jersey law. (This is yet another reason why hiring an attorney is appropriate even when by all accounts a particular marriage dissolution case appears to be uncontested.

Second, a settlement agreement must be comprehensive. The agreement must address all matters at issue in a particular marriage dissolution proceeding.

Once a settlement agreement is executed between the parties, a divorce case can be schedule for a marriage dissolution hearing. During the hearing, a judge will confirm that the parties have satisfied all legal requirements associated with a settlement agreement. Assuming everything is in order, the court will grant a divorce and include a marital settlement agreement within the final divorce decree in the case.

Whether you already know your divorce will be contested, or if you have hopes that you and your spouse will be able to reach an agreement to settle your marriage dissolution case, the legal team at the Law Offices of Peter Van Aulen is here to assist you. We can schedule a free initial consultation with you by calling our firm at (201) 845-7400.

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