{"id":1882,"date":"2021-10-07T20:33:29","date_gmt":"2021-10-08T00:33:29","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1882"},"modified":"2022-07-28T09:55:13","modified_gmt":"2022-07-28T14:55:13","slug":"divorce-in-new-jersey","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-new-jersey\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in New Jersey"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Those who\u2019ve gone through a divorce will tell you that it\u2019s one of the most difficult and tiring periods someone can go through, filled with negative emotions and confusion. <\/p>\n\n\n\n The complexity and opacity of the laws surrounding divorce in New Jersey will unfortunately only add to the difficulty of the process.<\/p>\n\n\n\n In this detailed guide to getting a divorce in New Jersey, we\u2019ll cover all the crucial information you need to know while making the incredibly consequential decisions that are part of the process.<\/p>\n\n\n\n We\u2019ll go over what types of divorces you have as options, whether or not it makes sense to get a lawyer, and what considerations come into play when courts decide on child support and alimony.<\/p>\n\n\n\n The legal requirements for both marriage and divorce are set out across many sections of the New Jersey Revised Statutes Title 2A \u2013 Administration of Civil and Criminal Justice<\/a> (NJSA 2A).<\/p>\n\n\n\n This mammoth law establishes many of the civil and criminal law procedures in New Jersey, with sections that govern juvenile delinquency, bail conditions, and real estate ownership. Of course, it dedicates a significant portion to family law which included divorce.<\/p>\n\n\n\n NJSA 2A outlines the steps towards getting a divorce and the guidelines regarding handling issues like child custody and property division.<\/p>\n\n\n\n You have to follow the law very carefully while getting a divorce, as mistakes and misunderstandings can lead to delays or extra expenses.<\/p>\n\n\n\n Furthermore, the specific laws about divorce in New Jersey mean that there\u2019s no subjectivity involved in getting a divorce. NJSA 2A establishes what is legal in the context of divorce and what is illegal.<\/p>\n\n\n\n In New Jersey, divorce is officially known<\/a> as \u201cdissolution,\u201d which makes it clear that the process is identical to the one that brings an end to civil unions and domestic partnerships.<\/p>\n\n\n\n This guide will generally use the term \u2018divorce,\u2019 as it is the conventional way of referring to the process, but don\u2019t be confused if you see the term \u2018dissolution\u2019 elsewhere.<\/p>\n\n\n\n Although you can get a no-fault divorce in New Jersey, it\u2019s not considered a no-fault divorce state because you can pursue a few different types of divorce.<\/p>\n\n\n\n In other words, this means that you\u2019re able to divorce your partner even if they aren\u2019t at fault. All you have to claim is that there are \u201cirreconcilable differences\u201d in the marriage that prevent you from staying together.<\/p>\n\n\n\n However, you\u2019re also able to pursue a divorce based on the one spouse\u2019s \u201cfault,\u201d which essentially places the blame on them for the breakdown of the marriage.<\/p>\n\n\n\n In New Jersey, the grounds for a fault divorce are set out in NJSA 2A:34-2 <\/a>and include adultery, desertion, and cruelty (see the section on Grounds for Divorce in New Jersey for the full list and complete descriptions).<\/p>\n\n\n\n The main reason that spouses seek a fault divorce is that it can impact how courts decide on alimony, child support, and child custody.<\/p>\n\n\n\n The second thing to know about divorce law in New Jersey is that it is an \u2018equitable distribution\u2019 state<\/a>. This means that courts in New Jersey don\u2019t automatically divide marital property equally, as is the practice in the aptly named \u2018equal distribution states.\u2019<\/p>\n\n\n\n Rather, courts determine how to split property and assets most fairly, even if that means one spouse gets more than the other.<\/p>\n\n\n\n The fact that New Jersey is an equitable distribution state opens the door to many complex legal questions. The section on The Division of Assets in New Jersey will go over the considerations to decide what is fair when dividing property during a divorce.<\/p>\n\n\n\n A quick tip for people who have not had \u201cthe talk\u201d yet with your spouse, the one where you tell them you want a divorce<\/a>, the level of cooperation during your divorce all starts with how you approach this important conversation.<\/p>\n\n\n\n In general, there are two types of divorce that you can pursue in New Jersey: an uncontested divorce or a contested divorce.<\/p>\n\n\n\n An uncontested divorce occurs when the spouses who are separating can reach an agreement on all the terms necessary to finalize a divorce settlement.<\/p>\n\n\n\n Pursuing an uncontested divorce is a less contentious and less expensive option for couples seeking to end their marriage. However, it\u2019s not always possible to pursue an uncontested divorce for several reasons.<\/p>\n\n\n\n For instance, the couple might jointly own a lot of property, and one spouse might feel they are entitled to a certain proportion of it. There might simply be too much emotional baggage to allow for an agreement.<\/p>\n\n\n\n Procedurally, an uncontested divorce begins in the same way as a contested divorce. Namely, it starts with one of the spouses filing a Divorce Complaint with the courts.<\/p>\n\n\n\n However, both spouses will usually draft these documents in an uncontested divorce since they agree on the settlement proposed in the complaint.<\/p>\n\n\n\n Essentially, this means that the spouse responding to the complaint won\u2019t need to answer the complaint by contesting it (since they are already happy with the settlement).<\/p>\n\n\n\n For that reason, in New Jersey, the responding spouse doesn\u2019t need to file any response with the court after they\u2019ve been served the Divorce Complaint about the process to move forward. Instead, the spouses wait for the 35 days that a responding spouse has to answer the complaint to expire.<\/p>\n\n\n\n After that period, the spouse that filed the complaint can request a \u201cdefault\u201d from the court. They will then receive notice of the hearing date for the divorce finalization.<\/p>\n\n\n\n Before beginning the process of getting an uncontested divorce, there must be a fair and complete agreement that both parties are satisfied with. If there\u2019s even one part of the settlement in dispute, the divorce won\u2019t be able to go ahead.<\/p>\n\n\n\n So, make sure that you and your spouse agree on all the following questions:<\/p>\n\n\n\n If you and your spouse can work out a mutually agreeable settlement, you\u2019re on your way to getting a quick and inexpensive uncontested divorce<\/a>.<\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in New Jersey, divorce can cost over $12,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t Pursuing a contested divorce means that one of the two spouses disagrees on the divorce terms the other partner wants. When this occurs, there\u2019s a long and complicated process that has likely already begun by the time official divorce proceedings do.<\/p>\n\n\n\n The first step to any divorce is the initial filing<\/a>. What happens is that one spouse brings a set of forms to courts, pays the filing fees, and then must \u2018serve\u2019 the papers to their spouse.<\/p>\n\n\n\n This initial filing contains proposed terms for how to dissolve the marriage, including how to handle issues relating to property, alimony, and child support.<\/p>\n\n\n\n A contested divorce will ensue when the other spouse disagrees with the facts in the initial finding or the proposed settlement. In legal terms, this means that you reject the Divorce Complaint of the other party. In New Jersey, there are two different ways<\/a> to contest a Divorce Complaint.<\/p>\n\n\n\n Firstly, one can \u201cFile an Answer,\u201d which informs the court that you will contest what your spouse has asserted in their complaint. This means that you agree about the grounds for divorce that your spouse has claimed, but not with the terms of the divorce.<\/p>\n\n\n\n So, the responding spouse might agree with the complaint that the marriage must end because of irreconcilable differences but argue what the complaint asserts regarding property division, child support, or alimony.<\/p>\n\n\n\n Secondly, a spouse responding to a Divorce Complaint can \u201cFile an Answer and Counterclaim,\u201d which indicates that they are not only contesting the terms of the divorce, but also the grounds for divorce that the other spouse has asserted.<\/p>\n\n\n\n This counteraction is often an issue in divorces where one party claims the other is at fault because of something like adultery. When the other party files an \u201cAnswer and Counterclaim,\u201d they reject the claim that there was adultery in the marriage.<\/p>\n\n\n\n READ MORE:<\/strong> 37 Warning Signs You Have a Toxic Marriage and How To Fix It<\/a><\/p>\n\n\n\n Now, this will naturally lead to their contesting other parts of the Divorce Complaint, such as the division of property that\u2019s proposed in the filing.<\/p>\n\n\n\n Once these differences have been established during the filing process, either mediation or court proceedings will decide on the outstanding issues.<\/p>\n\n\n\n The first step is a period known as<\/a> the \u201cpre-trial settlement period,\u201d during which the divorcing couple can negotiate with the help of lawyers to reach a mutually agreed-upon divorce settlement without going to court. It\u2019s also an option to use mediation at this point.<\/p>\n\n\n\n Suppose there\u2019s still no agreement after this period. In that case, the couple will appear before an \u201cEarly Settlement Panel,\u201d made up of divorce attorneys who offer objective, non-binding recommendations based on their expertise.<\/p>\n\n\n\n This is meant to give the divorce parties an idea of how their case is likely to proceed in court, allowing them to try to reach some agreements with their spouse.<\/p>\n\n\n\n Finally, if there are still outstanding issues in the divorce, the case will proceed to a trial before a judge. The legal representation of both spouses will have the opportunity to present their case, and the judge will rule on their merits.<\/p>\n\n\n\n Before filing for divorce in New Jersey, you must ensure that the courts of that state have jurisdiction to decide on your case.<\/p>\n\n\n\n The residency requirements for getting a divorce in New Jersey are set out in NJSA 24:34-10<\/a>. In simple terms, a court has jurisdiction to decide on a divorce case when at least one of the spouses mentioned in the complaint has lived in New Jersey for at least a year before the filing date.<\/p>\n\n\n\n If either you or your spouse is a long-term (or lifetime) resident of New Jersey, there\u2019s not much of a question about whether New Jersey courts are an appropriate venue. But, if one or both of you recently moved to the state, it\u2019s worth double-checking the exact amount of time that has passed.<\/p>\n\n\n\n NJSA 24:34-10<\/a> does set out one exception to the amount of time that one spouse needs to have been a resident of New Jersey for the court to have jurisdiction.<\/p>\n\n\n\n In cases where one spouse is pursuing a divorce based on adultery, it\u2019s sufficient for either of the spouses to have lived in New Jersey for any amount of time.<\/p>\n\n\n\n You can still get a divorce in New Jersey even if your spouse doesn\u2019t live in the state.<\/p>\n\n\n\n This process is made much easier by the fact that you (or your spouse) don\u2019t need to be physically present in the courtroom during divorce proceedings as long as there\u2019s an attorney present to represent each party\u2019s interests.<\/p>\n\n\n\n There are a few steps to follow to complete a divorce with a spouse that you can\u2019t contact or locate. The court will want proof that you\u2019ve conducted a diligent inquiry to try to track them down to serve them the divorce papers (according to NJ Courts Rule 4:4<\/a>).<\/p>\n\n\n\n This involves getting in touch with your spouse\u2019s friends, past employers, and relatives to see if they know where he or she is, conducting inquiries at bodies like the DMV, post office, and voter registration office, and other basic inquiries.<\/p>\n\n\n\n If you still can\u2019t track down your spouse, you\u2019ll have to publish an announcement that you\u2019re seeking a divorce in a newspaper.<\/p>\n\n\n\n Finally, without any response, the court will award you the divorce by default.<\/p>\n\n\n\n Since New Jersey allows no-fault divorces as well as fault-based divorces, there are numerous reasons<\/a> that you can cite when filing for divorce in the state.<\/p>\n\n\n\n The main difference between pursuing a no-fault and a fault-based divorce is that the latter requires the spouse to prove their claim in court.<\/p>\n\n\n\n This means they need to back up the claim with enough proof to convince a judge that the other party is to blame for the breakdown of the marriage due to their behavior.<\/p>\n\n\n\n In no-fault divorces, however, neither party needs to prove anything. Instead, one spouse must simply state that there are \u2018irreconcilable differences\u2019 that they cannot resolve.<\/p>\n\n\n\n The following section covers all the grounds for divorce that exist in New Jersey Law as defined in NJSA 2A: 34-2<\/a>.<\/p>\n\n\n\n Let\u2019s begin with a no-fault divorce.<\/p>\n\n\n\n There is only one ground for divorce that does not assert one spouse is at fault for the necessity of ending the marriage: irreconcilable differences.<\/p>\n\n\n\n New Jersey courts require a spouse who is seeking a divorce under this ground to assert that the irreconcilable differences have been present for at least six months. That\u2019s to say that you can\u2019t seek a divorce because of a problem that has come up in just the last month or two.<\/p>\n\n\n\n Furthermore, someone filing for a divorce based on irreconcilable differences should be able to show why there is \u201cno reasonable prospect of reconciliation.\u201d<\/p>\n\n\n\n Uncontested divorces in New Jersey almost always occur when both parties are willing to agree that there are irreconcilable differences present in their relationship. With this ground for divorce, neither spouse carries the blame.<\/p>\n\n\n\n In total, there are eight different grounds for divorce based on the faults of one spouse in the state of New Jersey. As we go through the list, it will become clear why some of these grounds can affect custody and the financial settlement if they are proven.<\/p>\n\n\n\n The grounds for divorce are as follows:<\/p>\n\n\n\n Depending on the details of your unique situation, it may be advisable to hire a divorce lawyer to represent your interests. However, it\u2019s not necessary to have a lawyer while getting a divorce in New Jersey. This section will take a look at the often difficult decision you have to make about whether or not to hire a lawyer.<\/p>\n\n\n\n The first and most important consideration is whether your divorce will be contested or uncontested.<\/p>\n\n\n\n If you are going through a contested divorce of any kind\u2014fault or non-fault, as filer or respondee\u2014you should seriously consider having a lawyer. This is for the simple reason that you will be entering a contentious legal proceeding with enormous and long-lasting consequences.<\/p>\n\n\n\n Having high-quality legal representation is the only way that you can be sure that your interests are being adequately represented and that you are not being taken advantage of by your partner\u2019s legal representation.<\/p>\n\n\n\n While getting a contested divorce, you\u2019ll have to make many complicated decisions. You will need to determine what issues to fight in court, as well as whether and how to negotiate.<\/p>\n\n\n\n When it comes to uncontested divorces, there\u2019s a bit more uncertainty about whether or not an attorney a couple needs attorneys. In these cases, it comes down to how equipped the two spouses are to navigate the procedure on their own.<\/p>\n\n\n\n Divorce forms, financial disclosures, and other forms are complicated to fill out. While some people will be able to do them without making any mistakes, others might prefer to hire a lawyer to help with it.<\/p>\n\n\n\n Furthermore, it\u2019s more challenging to come to an agreement and fill out all the forms when you and your spouse deal with complicated issues.<\/p>\n\n\n\n For example, the process of going through a divorce if you have kids is more complicated than one between a childless couple, even if it\u2019s uncontested. There\u2019s more reason to get a lawyer when custody issues need to be settled.<\/p>\n\n\n\n The same goes for divorces between couples that share large amounts of property or other assets, such as businesses, investments, or 401Ks. You might need legal representation to know for sure that settlement will be valid when there are complex issues at play.<\/p>\n\n\n\n The rest of this section will delve into the considerations that go into choosing an excellent divorce attorney.<\/p>\n\n\n\n At a minimum, you want a divorce attorney who is qualified to practice law and familiar with the issues inherent in New Jersey divorce law. However, there is certainly a wide range in how capable different lawyers are, and you want a good one, especially if you\u2019re engaged in a contested divorce.<\/p>\n\n\n\n We all know that the legal trade is heavily regulated, and lawyers need several different qualifications to practice.<\/p>\n\n\n\n The level of qualification for a New Jersey lawyer is a law degree<\/a> (also known as a JD or a Juris Doctor degree). Importantly, this degree needs to come from an institution that the American Bar Association accredits as having quality legal representation.<\/p>\n\n\n\n Next, a lawyer needs to pass the New Jersey Bar exam<\/a>, which is a difficult test of their legal knowledge and competency of the legal system in New Jersey specifically.<\/p>\n\n\n\n The New Jersey Bar also administers a professional responsibility exam and releases a Certification of Character that\u2019s necessary to practice law in the state.<\/p>\n\n\n\n Past these basic qualifications, a couple of other certifications indicate that a prospective lawyer is well certified to represent you during divorce proceedings.<\/p>\n\n\n\n You want to make sure that your lawyer has experience practicing in family law, which you can surmise in a few different ways.<\/p>\n\n\n\n Firstly, if they work at a law firm specializing in family law, they\u2019ll undoubtedly have experience representing clients going through divorces.<\/p>\n\n\n\n Secondly, a Certified Matrimonial Law Attorney has a specialization in family and matrimonial law recognized by the New Jersey Supreme Court, which is the only body that can provide the certification.<\/p>\n\n\n\n Lawyers with this certification are the gold standard of divorce attorneys in New Jersey.<\/p>\n\n\n\n Having a lawyer with excellent communication skills is important for several reasons.<\/p>\n\n\n\n Firstly, you want to be sure that you and your lawyer communicate in a way that leads to mutual understanding and the best decisions. Remember, it is your lawyer\u2019s job to understand the law and be able to explain it to you clearly and accurately.<\/p>\n\n\n\n Otherwise, you won\u2019t be able to make important decisions about your case in conjunction with your lawyer, with misunderstandings possibly carrying high consequences.<\/p>\n\n\n\n Secondly, your lawyer will be the one responsible for being in contact with your spouses\u2019 legal representation as well as negotiating with them.<\/p>\n\n\n\n If they don\u2019t have the communication skills necessary to perform these duties well, you might face worse outcomes in the eventual settlement.<\/p>\n\n\n\n Many of the decisions you will have to make throughout getting a divorce won\u2019t necessarily have any correct answer. This is especially the case if you\u2019re undergoing a contested divorce that will feature court hearings.<\/p>\n\n\n\n You and your legal team need to figure out which legal arguments to make and which claims your spouse is making so you can fight them.<\/p>\n\n\n\n For example, it might be challenging to decide whether to reject your spouse\u2019s claim that there was adultery in the marriage or to accept it and fight against a proposed settlement.<\/p>\n\n\n\n A good lawyer will have the judgment to advise you on such complex issues by having the knowledge and experience to know which arguments are worth making and which will backfire.<\/p>\n\n\n\n Finally, you want a divorce lawyer motivated to do all they can to represent your interests. You don\u2019t want a lawyer who\u2019s going to phone it in on your case.<\/p>\n\n\n\n The best way to ensure that you\u2019ll get the legal representation that\u2019s enthusiastically in your corner is to look for a lawyer who wants to win.<\/p>\n\n\n\n Finding a good divorce attorney can be a challenge because the truth is that every divorce attorney you meet has an incentive to get your business for themselves.<\/p>\n\n\n\n The best way to navigate the process of finding a lawyer is to look at what everyone tells you with a skeptical eye and do your research.<\/p>\n\n\n\n Referrals from friends and family are a great first step to identify prospective divorce attorneys. The people you know who have gone through divorces can recommend you a great lawyer or steer you away from a catastrophic one.<\/p>\n\n\n\n You can also look through the internet and legal magazines to find other lawyers who fit your needs.<\/p>\n\n\n\n Most experts recommend interviewing at least three lawyers before choosing one to represent you. This will give you a good overview of the available options and some context for gauging who has the best experience and certifications.<\/p>\n\n\n\n When you are interviewing a divorce attorney, you should come prepared with questions that get to the heart of whether or not they are suitable to represent you.<\/p>\n\n\n\n Below is a section of questions that you can ask a divorce attorney:<\/p>\n\n\n\n Most divorce lawyers in New Jersey offer a free initial consultation as a way for both parties to meet one another and see whether there is a fit between the client\u2019s needs and the services a divorce lawyer offers.<\/p>\n\n\n\n You\u2019re able to ask any questions you might have (such as the ones listed above) and hear a lawyer\u2019s first impressions of your case and prospects.<\/p>\n\n\n\n However, not all lawyers will meet for an initial consultation for free. In those cases, lawyers will usually charge their hourly rate for the meeting.<\/p>\n\n\n\n Yes, even if you have not yet agreed that a lawyer will represent you during a divorce, anything you say to the lawyer will be confidential under attorney-client privilege.<\/p>\n\n\n\n \u2018Filing\u2019 refers to the submission of documents to the court in a way that follows a particular set of steps that makes the documents legally binding. Following the steps to the letter is essential to getting a divorce in New Jersey, and this section will go over the basics of how to file for divorce in New Jersey.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n The first step towards filing for divorce in New Jersey is getting the necessary forms ready for submission.<\/p>\n\n\n\n If you are pursuing an uncontested divorce, you should complete these forms with your spouse\u2019s involvement to ensure the settlement the document proposes is acceptable to both parties.<\/p>\n\n\n\n In contested divorces, your lawyer should complete the initial divorce forms after several consultations.<\/p>\n\n\n\n You might consider the settlement proposed in your initial filings as the first articulation of your version of what\u2019s fair. As such, it will contain your proposals for how custody, child support, and alimony should be settled.<\/p>\n\n\n\n Anyone can download the forms from the official New Jersey Courts website here<\/a>, so those without a lawyer have easy access to the records as well.<\/p>\n\n\n\n Here are the forms that are part of the initial divorce filing:<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t After you\u2019ve completed your divorce forms (and double, then triple-checked them for errors), the next step is to make them official by submitting them at the courthouse.<\/p>\n\n\n\n First off, make sure that you are submitting your forms to the correct county court. Then you must submit the divorce papers to the court in the county where either you or your spouse lives.<\/p>\n\n\n\n Otherwise, the court to which you (try to) submit the documents will not have jurisdiction. Also, be sure to have at least three copies of your paperwork when you go to the courthouse.<\/p>\n\n\n\n Secondly, you\u2019ll have to pay all the necessary filing fees (you can find the details below in the section on Divorce Costs in New Jersey).<\/p>\n\n\n\n At that point, you\u2019ll need to wait for notification that the paperwork has been filed officially. The announcement comes as a copy of your divorce complaint with a stamp that says filed.<\/p>\n\n\n\n Once you\u2019ve received the notification that your Divorce Complaint has been filed, the next step is to serve those papers to your spouse. Keep in mind that this isn\u2019t as simple as just handing an envelope to your spouse; you need to follow specific steps as you serve them the papers.<\/p>\n\n\n\n If your spouse isn\u2019t averse to accepting that you are serving them divorce papers, you can have them sign an \u201cAcknowledgement of Service.\u201d<\/p>\n\n\n\n This signature means they have accepted the documents and know that they must respond to them within the allotted period. This method of service is exceedingly common in uncontested divorces.<\/p>\n\n\n\n If your spouse isn\u2019t willing to sign an Acknowledgment of Service, you can try to serve them by mail. This involves sending them a copy of the complaint through the mail, to which they can respond in court.<\/p>\n\n\n\n However, if 60 days pass and they still have not responded to your complaint, you need to proceed to another method of service.<\/p>\n\n\n\n In New Jersey, you have two further options for serving a Divorce Complaint to your spouse:<\/p>\n\n\n\n After your spouse is served the Divorce Complaint and responds to it, you\u2019ll both have to submit financial disclosure forms to the court as part of the discovery process leading up to trial.<\/p>\n\n\n\n In New Jersey, both parties must complete a Case Information Statement<\/a>, which outlines one\u2019s entire financial situation so that the court can adequately rule on issues like property division and alimony.<\/p>\n\n\n\n The Case Information Statement is one of the most complicated and vital documents in the entire divorce process. It\u2019s one of the reasons that having legal representation during contested divorces is essential.<\/p>\n\n\n\n Online divorce services are an increasingly popular way for those looking to complete their divorces cheaply. Online services are a method of preparing divorce documents that\u2019s much less expensive than going through the traditional route of using an attorney.<\/p>\n\n\n\n In essence, online divorce services are similar to platforms like TurboTax that help you complete your tax forms efficiently.<\/p>\n\n\n\n Rather than reading through complicated and unclear legal language, you can answer questions in simple English about your family, financial, and relationship situation.<\/p>\n\n\n\n Then, your online divorce software will output out the completed documents ready for you to file with the courts. In fact, some online services will even take care of it for you, so you don\u2019t have to handle court proceedings.<\/p>\n\n\n\n So, rather than going through all the difficulty and confusion of filling out your divorce forms yourself, the online platform will guide you through the process in an easy-to-understand way. Not only that, but you can also save a lot of money while bringing this chapter of your life to an end.<\/p>\n\n\n\n Unfortunately, not everyone can get a divorce using an online provider, as there are some preconditions for getting a divorce online.<\/p>\n\n\n\n The most significant barrier to using an online divorce service is that people who are pursuing a contested divorce cannot complete their forms online. Rather, you must be seeking an uncontested divorce after agreeing to a settlement with your spouse or partner.<\/p>\n\n\n\n This rule results because contested divorces feature issues that are too complex to be run through a standard online questionnaire, while uncontested divorces are often a matter of filling in the proper forms correctly.<\/p>\n\n\n\n Yes. First of all, you will still need to file the Divorce forms, which you can do by mail or by going into court yourself.<\/p>\n\n\n\n Secondly, there will still be a hearing to finalize the divorce, which you\u2019ll have to attend if you submitted the complaint and have the option to attend if you are responding to the complaint.<\/p>\n\n\n\n The short answer to this question is that every divorce is different, each requiring a unique amount of time.<\/p>\n\n\n\n The final step of any divorce in New Jersey is a hearing wherein a judge goes over the forms and settlement agreement before signing them and making it final.<\/p>\n\n\n\n However, many factors affect how long a divorce will take in New Jersey.<\/p>\n\n\n\n First of all, the absolute lowest amount of time a divorce can take is six to eight weeks. Yes, this is a minimal timeframe and can only occur when both spouses cooperate to get an uncontested divorce.<\/p>\n\n\n\n Finalizing a divorce in less than two months requires you to complete all the steps as soon as possible: filing the complaint, responding by answering the complaint, submitting financial disclosures. One way you can shorten the process is by replying to the Divorce Complaint on the same day that it\u2019s served rather than taking the full 30 days to respond.<\/p>\n\n\n\n There\u2019s a much broader variation in how long it will take to finalize a divorce when it comes to contested divorces. In New Jersey, the courts try to complete contested divorces in less than a year (though some exceptions take longer).<\/p>\n\n\n\n The courts will try to schedule hearings quickly and move the process along to finalize the divorce before the 12-month point.<\/p>\n\n\n\n However, some contested divorces are completed in far less than a year. Here are the top three factors that make a difference to how long a contested divorce can take in New Jersey (more detailed explanations follow):<\/p>\n\n\n\n Although contested divorces are generally more contentious than uncontested divorces, there\u2019s still a wide range of how amicable two divorcing spouses can be during a contested divorce.<\/p>\n\n\n\n The spouses might have disagreements about important issues like child custody or property division without the presence of bad feelings between them.<\/p>\n\n\n\n If one or both spouses do bear ill-will towards one another, the result can well be a divorce that\u2019s dragged out.<\/p>\n\n\n\n When there are complex issues at play, it naturally takes longer to finalize the divorce.<\/p>\n\n\n\n One of the most significant factors that add to the complexity of divorce proceedings is the involvement of children.<\/p>\n\n\n\n Not only do custody arrangements need to be negotiated and agreed upon, but there\u2019s also the matter of child support and deciding who will take on medical and educational expenses.<\/p>\n\n\n\n Another complicating factor in New Jersey divorces is when one spouse alleges the other is at fault for the divorce. Allegations of adultery or extreme cruelty take time for each side to try to prove or disprove them. You also need to consider the time it takes for the court to adjudicate the matter.<\/p>\n\n\n\n These sorts of issues not only add to the length of time it will take on a calendar for the divorce to be finalized, but they also add to the number of hours that your attorneys will be able to bill for by the end of the process.<\/p>\n\n\n\n For similar reasons to those discussed in Factor #2, couples that share a large number of assets will usually experience a longer wait to finalize their divorce.<\/p>\n\n\n\n The necessity of going through numerous and tangled assets, from properties to businesses to investments, takes a long time and requires professional help.<\/p>\n\n\n\n Like everything else with divorces, there can be a massive disparity between how much one divorce costs and how much another one does.<\/p>\n\n\n\n While some divorce costs have fixed prices, others vary drastically. The vast price differences often depend on the following factors:<\/p>\n\n\n\n The average cost of a divorce<\/a> in New Jersey is $12,500 to $14,000. However, breaking down the different routes a divorce can go down leads to more valuable estimates of the total cost of divorce:<\/p>\n\n\n\n The rest of this section will get into the individual factors that lead to these averages.<\/p>\n\n\n\nTypes of Divorce Laws in New Jersey<\/h2>\n\n\n\n
Uncontested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Contested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Residency Requirements in New Jersey<\/h2>\n\n\n\n
What If My Spouse Lives in a Different State?<\/h3>\n\n\n\n
What If I Can\u2019t Contact My Spouse?<\/h3>\n\n\n\n
Grounds for Divorce in New Jersey<\/h2>\n\n\n\n
No-Fault Grounds For Divorce<\/h3>\n\n\n\n
Fault-Based Grounds For Divorce<\/h3>\n\n\n\n
Using a New Jersey Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney<\/h3>\n\n\n\n
Qualifications<\/h4>\n\n\n\n
Communication Skills<\/h4>\n\n\n\n
Sound Judgment<\/h4>\n\n\n\n
Competitiveness<\/h4>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Initial Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using an Attorney<\/h3>\n\n\n\n
Cons of Using an Attorney<\/h3>\n\n\n\n
Filing for Divorce in New Jersey<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
Filing Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
Financial Disclosures<\/h3>\n\n\n\n
Online Divorce in New Jersey<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in New Jersey<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n
How Long Does It Take to Get a Divorce in New Jersey?<\/h2>\n\n\n\n
Factor #1: Is the Divorce Contentious or Amicable?<\/h3>\n\n\n\n
Factor #2: How Complex Is the Divorce?<\/h3>\n\n\n\n
Factor #3: How Many Assets Do the Couple Share?<\/h3>\n\n\n\n
Divorce Costs in New Jersey<\/h2>\n\n\n\n
Court Fees<\/h3>\n\n\n\n