If you want to dissolve your marriage in New Jersey, understanding the various legal requirements is crucial. Please continue reading as we explore whether the state mandates a mandatory waiting period before you can file for divorce, and how our experienced Monmouth County Divorce & Separation Attorneys can guide you through these trying times.
What is the Waiting Period for a Divorce in NJ?
If you are considering a divorce in New Jersey, you may wonder whether or not there is a mandatory waiting period before you can file. The state doesn’t have a mandatory waiting period for finalizing a divorce. After the necessary paperwork has been filed with the appropriate court, served, and the issues at hand have been resolved, a divorce decree can be issued. However, several elements can influence the timeline before a divorce can be finalized.
Before you can dissolve your marriage, you will need to meet the state’s residency requirements. Under New Jersey law, one spouse must be a resident for at least one year before filing for divorce. If the ground for divorce is adultery, the one-year requirement is waived, meaning you can file at any time.
In addition, you will need to cite a ground for the divorce in the divorce complaint. The state recognizes “no-fault” or “fault” grounds. Common grounds for no-fault divorce in New Jersey are irreconcilable differences and separation for at least 18 months. Irreconcilable differences reflect a breakdown in your marriage that has made it impossible for you to continue living together and sustain a healthy relationship. Essentially, the differences cannot be resolved or overcome. There is a six-month waiting period if you plan on pursuing this avenue.
You should note that if you want to file on fault grounds, there could be waiting periods associated with the reason you are filing for divorce. For instance, if you are filing based on desertion, you must demonstrate that it lasted 12 consecutive months.
How Do I File for Divorce?
To initiate divorce proceedings in the Garden State, you must complete and file a Complaint for Divorce in the county where you reside or where your spouse resides. You will need to gather required documents like your marriage certificate and any other relevant paperwork about your finances, assets, debts, and other details. It’s important to understand that the divorce complaint will outline the grounds you are citing for the divorce and the relief sought, such as spousal maintenance, child support, and property division. You will also need to pay a filing fee or request a free waiver if you cannot afford it.
After filing the necessary papers, your spouse must be served with the Complaint and Summons within 60 days of filing. Service may be completed by a sheriff, process server, or a neutral third party. You must file a Proof of Service with the court to show that your spouse received the documents.
If you and your spouse can agree on the terms that will apply to the termination of your marriage, you can pursue an uncontested divorce. However, if you cannot agree on all aspects of the divorce, it will be contested, and you will need to undergo mediation or litigation.
At Paone Zaleski & Murphy, we are prepared to help you understand the specific requirements for dissolving your marriage and the legal options for your unique situation. Connect with our firm today to learn how we can fight for you.
