Once you decide to end a marriage, the next question is usually: Where do I even begin? The divorce process can be emotionally, financially, and mentally overwhelming. So, let’s walk through the basics of divorce in New Jersey so you know what to expect before taking the first step.
Grounds for Divorce in NJ
Getting divorced in New Jersey has multiple legal requirements. For example, the state requires that you give a reason for the divorce when you file. However, NJ recognizes no-fault and fault-based grounds.
No-Fault Divorce
Under these grounds for divorce, the petition is based on irreconcilable differences. No-fault divorce accounts for about 90% of all NJ divorces and doesn’t require proving marital misconduct.
Filing for irreconcilable differences means certifying that the marriage has broken down beyond repair for at least 6 months. You don’t have to accuse your spouse of anything, so many divorce attorneys recommend this path unless other circumstances make fault-based grounds more appropriate.
Fault-Based Divorce
Under fault-based grounds for divorce in New Jersey, the petition is based on factors such as adultery, cruelty, desertion for 12 months or more, addiction, and imprisonment. These grounds are less frequently cited and can make the process longer, more costly, and more complex.
NJ Residency Requirements for Divorce
To start a divorce in New Jersey, the court requires that at least one spouse have lived in the state for at least 12 months before filing. The only exception is if the grounds for divorce are sudden and unexpected, such as in cases of adultery. In those cases, the residency requirement doesn’t apply. Talk to your attorney to learn more.
NOTE: Your residency clock starts from the day you physically relocate to New Jersey, not from when you got an ID, driver’s license, or registered to vote.
Contested vs. Uncontested Divorce
Know the difference between contested and uncontested divorce in New Jersey because the distinction can impact how long the process takes and how much it costs. Here’s how to tell them apart:
- Contested – When spouses can’t agree on one or more major issues and need legal representation in divorce court for a fair settlement.
- Uncontested – When both spouses agree to end the marriage and also agree on all major issues, such as marital property division and parenting time
The time and cost of a contested divorce depend on how many issues are disputed and how complex they are from a legal standpoint. Many NJ divorces fall somewhere between contested and uncontested: spouses can agree on some things and disagree on others. Working with an experienced New Jersey divorce attorney can help with your strategy and outcome.
Filing for Divorce: What to Know
The spouse who files for divorce is the plaintiff, and the other spouse is the defendant. The plaintiff must file in the county where they lived with the defendant. And if the plaintiff no longer resides in NJ, they must file in the county where the defendant lives.
If you file without an attorney, the filing fees must be paid to the courthouse on record. If the case involves children, custody, parenting time, or child support matters, an additional fee is charged to the plaintiff.
Once filed and on record, the defendant spouse must be formally served with their divorce papers. Service of process is required before the case can proceed, and in most cases, the other party has 35 days to respond. For more details on how self-filing works, book a consultation with Hand and Toker Family Law.
If all is filed and served correctly, the case should move into discovery and negotiation. Both spouses are required to exchange relevant, factual information about their income, assets, debts, and expenses. This financial disclosure is a significant foundation for mediation, property division, alimony, support, and other proceedings.
New Jersey requires contested divorce cases to go through an Early Settlement Panel before trial. Spouses sit before neutral attorneys who review the case and make non-binding recommendations to the court. And in many situations, the cases settle at this stage.
What to Do First
If you’re serious about getting a divorce in New Jersey, understand that self-filing is an option but not always the best one. It’s worth speaking to and retaining legal representation for these complicated matters, especially in contested cases and divorces involving children.
For now, start gathering financial documents such as tax returns, pay stubs, bank statements, leases, and retirement accounts. Know exactly what you own, what you owe, and what your income looks like monthly and yearly before and after taxes.
The more prepared you are, the smoother the process tends to be. Speak with a family law attorney before filing anything with the court. Hand and Toker Family Law can handle divorces of all kinds, regardless of your circumstances. Contact us today to get started.