888-815-3649
The timeline for a New Jersey divorce depends on how quickly both parties are able to come to an agreement about the terms of the divorce. For example, uncontested divorces in New Jersey, where both spouses agree on all major issues, can take about six to eight months, whereas contested divorces usually take much longer. A contested divorce that is resolved through mediation is faster than one that goes to trial, with the latter often taking a year or more, depending on the complexity of the issues involved.
No matter what type of divorce you are seeking and whether or not you are able to come to an agreement with the other party, a Rosenblum Law attorney can guide you through the divorce process. One of our attorneys can help with filing the divorce complaint, attempting to negotiate a settlement, and going to trial if necessary. Contact us today for a free consultation, and keep reading to learn more about the New Jersey divorce process timeline.
Initial Considerations and Preparations
Once the decision to file for divorce has been made, the necessary documents and information must be gathered. This includes documentation and information about assets, liabilities, and grounds for divorce.
Once all of this information is gathered, each party should have an initial consultation with their own attorney, who will evaluate the case and advise on legal options.
Filing for Divorce
The first step in filing for divorce is determining the grounds for divorce. Grounds for divorce in New Jersey are found in Section 2A:34-2 of New Jersey State Code.
No-fault grounds for divorce include irreconcilable differences lasting six months or more, or separation of 18 months. Fault grounds for divorce include:
- Adultery
- Extreme cruelty
- Desertion
- AddictionI
- Incarceration
- Institutionalization
Once grounds have been determined, one of the parties can file the divorce complaint. Preparing the complaint includes providing grounds for the divorce and preparing a proposed divorce settlement.
The complaint is filed with the New Jersey Superior Court in the county in which the person filing (the petitioner) lives. There is a $300 filing fee, and there may be an additional fee to have the spouse served with divorce papers by the sheriff or process server. Service to the other spouse is necessary for the court to have jurisdiction over the divorce.
Responding to the Divorce Complaint
The other spouse (the respondent) has 35 days from the date they are served with the divorce papers to respond. This response is called the answer, which is a document that states whether the grounds for divorce are contested. The respondent can say that the divorce is uncontested but they still want to be heard on matters of property division and child custody. The other spouse can then file a counterclaim in which they propose their own terms for the divorce.
Temporary Orders and Hearings
Because the divorce process can take a year or more, there is sometimes a need for temporary orders. Temporary orders include child custody and support, spousal support, and use of the marital home and assets.
Requesting temporary orders requires petitioning the court and waiting for a hearing. The time for hearings to be scheduled varies depending on the needs of the court, but motions for temporary orders are typically heard in court in a timely manner. One must attend the hearings for temporary orders and present one’s case to the court.
Discovery Phase
The purpose of the discovery phase is to gather financial information and identify assets and liabilities and complete the Case Information Statement. It is important that all assets and liabilities are included in the divorce settlement.
Discovery tools include interrogatories (written questions to the other party with answers provided under oath), depositions (oral questions to the other party with answers provided under oath), and requests for production of documents. The typical timeline for discovery is three to six months, depending on the extent and complexity of assets and liabilities involved.
Settlement Negotiations
Courts prefer for divorce terms to be negotiated in mediation rather than going to trial. Mediation is a settlement conference led by a licensed mediator, or neutral third party, and attended by both parties and their attorneys. A collaborative divorce in which both parties can agree to the divorce terms through mediation, including property division, child custody, child support, and alimony, takes less time than going to trial. When both parties agree on all the terms of a divorce, this is called an uncontested divorce.
If agreement on all issues is reached, a divorce can be finalized in a few months. A marital settlement agreement is drafted and signed by both parties, and it lays out all the terms of the divorce. An attorney can negotiate on behalf of their client in mediation and settlement negotiations to ensure a fair and legally sound agreement.
Trial Preparation and Trial
If the parties cannot agree on certain matters in settlement negotiations, the matter will go to trial. Before the trial, each party must finalize their evidence and witness list, as well as prepare for testimony and cross-examination.
In court, the petitioner presents evidence, witnesses, and arguments first. The other spouse has a chance to counter with their own evidence and witnesses. Each party should be represented by an attorney, who can argue on their client’s behalf.
After the trial, the judge will make their decision about how the issues of contention will be solved after evaluating all of the evidence and testimony. The timeline for a trial and court decision varies depending on complexity of the case, but the entire trial process can last several months or more.
Finalizing the Divorce
Even if the parties reach an agreement, they must go to court for issuance of the final divorce decree. If the matter goes to trial, the final decree could be issued after the trial is over. The final decree and marital settlement agreement are distributed to both parties, and property is divided according to the agreement.
There are a variety of post-divorce issues that can arise. For example, one party might decide that some terms of the divorce are unfair or unenforceable and petition the court for modifications, which are decided at additional hearings. If the other spouse is non-compliant with the divorce decree, the matter might go back to court as well.
How an Attorney Can Help During the New Jersey Divorce Process
An attorney can help during the New Jersey divorce process in a number of ways:
- Legal Guidance: The attorney can explain the legal process and their client’s rights throughout the divorce. They also will provide realistic expectations about the timeline and potential outcomes.
- Document Preparation: The attorney will draft the complaint, file it with the courts, and assist in drafting other documentation. The attorney can also prepare and file motions for temporary orders.
- Representation: The attorney will represent their client in court, presenting evidence and arguments on their behalf. They will also represent the client during mediation and post-trial hearings.
- Emotional Support: The attorney can provide much needed support during a stressful time, particularly by handling a large bulk of the work and strategizing, thereby relieving the stress of their client. They can also refer clients to additional resources such as counseling and support groups if needed.
FAQs
This largely depends on whether the divorce is contested or uncontested. An uncontested divorce in which the parties can agree on a marital settlement takes about six to eight months. A contested divorce that goes to trial can take a year or more from the date the divorce complaint was filed.
There are both fault and no fault grounds for divorce in New Jersey. Fault grounds for divorce include adultery, extreme cruelty, desertion, incarceration, and institutionalization, among others. No-fault grounds for divorce include irreconcilable differences or separation of 18 months.
There is a $300 filing fee for filing for divorce in New Jersey. Attorney’s fees vary depending on the firm and the complexity of the case.
You must go to court to have the divorce finalized even if both parties agree on everything. However, a court hearing to finalize a divorce doesn’t take as long as a trial.
Property is divided in a New Jersey divorce based on the principle of equitable distribution. This is not necessarily a 50/50 split. Rather, the court looks at a number of factors, including the length of the marriage, financial and other contributions to the marriage, and the standard of living enjoyed during the marriage.
It is the public policy of the state of New Jersey to allow meaningful parenting time with the child by both parents. Joint custody is the preferred custody arrangement. In determining which parent a child will primarily live with, the courts will examine many factors to determine the best interests of the child.
If your spouse does not respond to the divorce papers within 35 days of being served, the divorce will be granted as proposed by the complaint. The petitioner must still go to court to have the divorce finalized.
If you cannot reach a settlement agreement, the divorce will go to trial. During the trial, both parties will have a chance to make their case. The judge makes the final determination of property division, support, custody, and other matters.
An attorney can help you during the divorce process by preparing and filing documentation, representing one in court and negotiations, and giving legal advice and reasonable expectations.
Resources and Support
Legal Resources
- New Jersey Courts: Information about filing for divorce in New Jersey
- Legal Services of New Jersey: Legal aid for those who cannot afford an attorney
Support Services
- The Integrative Therapy Institute: Offering counseling for divorced parents to encourage co-parenting.
- Mindful Connections Counseling: Offering divorce grief counseling services.
Psychology Today: A directory of divorce support groups.
Contact Rosenblum Law Today
As you can see, the divorce timeline in New Jersey can vary. It is important to understand the timeline and have reasonable expectations for the divorce. An attorney can best give a reasonable timeline based on the facts of the case and can fight for you to receive the best possible outcome in your divorce.
Rosenblum Law divorce attorneys have decades of combined experience handling New Jersey divorce cases. Our attorneys can protect your rights and best interests, while also helping to speed up the divorce process. Contact us today for a free consultation and case evaluation.
Last updated: Oct 15, 2024
