{"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

Types of Divorce Laws in New Jersey<\/h2>\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

Uncontested Divorce<\/h3>\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