A Guide to Filing for Divorce in New Jersey Laura Simon Aug 31 2023 nj divorce attorney Child Custody NJ Divorce Divorce Lawyer So You Want a Divorce…
*Updated August 2023 Grounds for Divorce in New Jersey When it comes to filing for divorce in New Jersey, it’s important to understand the grounds upon which a divorce can be granted. In this section, we’ll explore the grounds for divorce in New Jersey, which can be categorized into two main types: no-fault divorce and fault-based divorce.
No-Fault Divorce:
In a no-fault divorce, neither spouse is required to prove that the other spouse did something wrong or was at fault for the breakdown of the marriage. Instead, the no-fault divorce is based on the concept of “irreconcilable differences,” meaning that the marriage has irretrievably broken down with no prospect of reconciliation. This is the most common type of divorce in New Jersey.
Irreconcilable Differences:
“Irreconcilable differences” refer to significant issues or disagreements between spouses that have led to the irreparable breakdown of the marriage. It can include differences in values, goals, or lifestyles that make it impossible for the couple to continue their marriage together.
Living Apart for a Certain Period:
Another form of no-fault divorce in New Jersey is based on the spouses living apart for a specific period, typically at least 18 consecutive months. This separation period demonstrates that the marriage has irreversibly broken down.
Fault-Based Divorce:
In a fault-based divorce, one spouse alleges and provides evidence of specific misconduct or wrongdoing by the other spouse. Although fault-based divorces are less common than no-fault divorces, they may still be pursued under certain circumstances.
Adultery:
Adultery occurs when one spouse engages in extramarital affairs. If it can be proven that adultery has taken place, it can serve as grounds for a fault-based divorce.
Desertion:
Desertion refers to one spouse abandoning the other without any reasonable cause, intention to return, or consent of the other spouse. Desertion can be physical abandonment or emotional abandonment.
Extreme Cruelty:
Extreme cruelty includes physical, emotional, or mental abuse that makes it unsafe or intolerable for the spouses to continue living together.
Addiction or Habitual Drunkenness:
If one spouse has a substance abuse problem, such as addiction to drugs or alcohol, and it significantly impacts the marriage, it may be cited as grounds for a fault-based divorce.
Imprisonment:
If one spouse is convicted of a crime and sentenced to imprisonment for a specific period, the other spouse may file for a fault-based divorce based on the grounds of imprisonment.
Institutionalization:
Institutionalization refers to one spouse being confined to a mental health institution for a specific period due to mental illness. This can be used as grounds for a fault-based divorce.
Deviant Sexual Conduct:
Deviant sexual conduct involves engaging in acts that are considered abnormal or unacceptable by societal standards. If one spouse engages in such behavior, it can be cited as grounds for a fault-based divorce.
New Jersey Residency Requirements (related to Divorce)
One of the critical factors to consider for divorce in New Jersey is meeting the state’s residency requirements. Establishing residency is essential, as it determines whether you are eligible to file for divorce in the state. There are two key aspects of New Jersey’s residency requirements for divorce.
Establishing Residency in New Jersey
To file for divorce in New Jersey, either you or your spouse must meet the state’s residency requirements. Generally, you or your spouse must have been a resident of New Jersey for at least one year before filing for divorce. This means living continuously within the state, making New Jersey your primary residence, and demonstrating your intent to remain in the state for the foreseeable future.
Exceptions to Residency Requirements
While the one-year residency rule is the standard requirement, there are exceptions to consider. If neither you nor your spouse meets the residency criteria, you may still be eligible to file for divorce in New Jersey under certain circumstances:
Dual Residency:
If you and your spouse live in separate states but meet the residency requirements for divorce in both states, you may choose to file in New Jersey.
Recent Relocation:
If you have recently moved to New Jersey and do not meet the one-year residency requirement yet, but your reasons for relocating are valid (e.g., job relocation, escaping domestic violence), you may petition the court for an exception.
Military Personnel:
Members of the U.S. military who are stationed in New Jersey and have established temporary residency may also be exempt from the one-year requirement.
Types of New Jersey Divorce Proceedings
There are two primary types of divorce proceedings in New Jersey: uncontested divorce and contested divorce. Each type comes with its own set of considerations and procedures.
Uncontested Divorce
An uncontested divorce occurs when both spouses mutually agree to end their marriage and are in alignment on major divorce-related issues. This type of divorce is generally more straightforward and less time-consuming than a contested divorce.
Advantages and Process
Uncontested divorces offer several advantages, including reduced stress, lower legal costs, and a faster resolution. Since both parties are in agreement, there is no need for lengthy court battles, which can save both time and money.
Filing a joint petition or complaint for divorce:
Both spouses file a joint petition or complaint for divorce, stating their mutual desire to end the marriage amicably.
Agreement on divorce-related issues:
Drafting a marital settlement agreement:
The couple creates a legally binding document called a marital settlement agreement that outlines the terms and conditions of their divorce agreement.
Court appearance:
In some cases, both spouses may need to attend a court hearing where a judge reviews the settlement agreement to ensure it is fair and reasonable.
Contested Divorce
A contested divorce arises when spouses cannot reach an agreement on one or more critical issues related to the divorce. This type of divorce is often more complex and may require court intervention to resolve disputes.
Reasons for a Contested Divorce
Disagreements over child custody and visitation arrangements Disputes over the division of assets and debts Lack of communication or cooperation between spouses Steps Involved in a Contested Divorce Filing a complaint for divorce:
One spouse initiates the divorce by filing a complaint with the court, stating the grounds for divorce and the disputed issues.
Response from the other party: The other spouse must respond to the complaint, either agreeing or disagreeing with the stated grounds and issues.
Discovery and evidence gathering:
Mediation and negotiation:
In an attempt to resolve disagreements outside of court, the parties may participate in mediation or negotiation sessions.
Court proceedings and trial:
If disputes persist, the case may proceed to court for a judge to make decisions on unresolved issues.
The Divorce Process in New Jersey
There are 7 main steps to the whole divorce process in New Jersey. Keep in mind that every divorce and relationship is unique, the steps detailed below can vary based on unique factors in each divorce case.
Step 1: File a Divorce Complaint/Petition
Service of Process
What is a service of process? This is the act in which the divorce Complaint is served upon your spouse. In the case of a mutually agreed-upon divorce, the other spouse (who did not file) has to sign an acknowledgement of the receipt of service. If the spouse does not want to sign or is difficult to locate, a professional process server still is able to perform a skip trace and get him served. In some cases, service by publication may be necessary. That is when all attempts to serve have failed, approval of the court is obtained to publish the complaint for divorce in the newspapers. That would then satisfy the spouses right to be advised (served) with the complaint.
The service of process also sets automatic stay on the spouse and helps establish the date of separation. At this point, the spouse is not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Step 2: Appearance/Answer and Counterclaim (Divorce Complaint Response)
There may be some apprehension when it comes to serving the Complaint to your soon to be ex-spouse. Rest assured that Simon Law Group, LLC will make every effort to make sure everything is done properly and respectfully with your wishes in mind.
In this situation the other spouse is known as the respondent or Defendant. Although it’s not required, the Defendant can file a response to the Complaint saying that they agree and file what is called an “Answer”. Generally, if a response is not filed within 30 days, the Plaintiff (you) can request that a default be entered by the court. The Defendant can also use this response to disagree with information presented in the Complaint and put forth their own requests and file an Answer and a Counterclaim.
Keep in mind that if they file a Counterclaim, this does not mean they will get what they want. It is important to remain calm at all times.
Counterclaim Step 3: File a Case Information Statement Some items contained in a CIS are (and there are many):
Basic Personal Information
Birth date
Address Date of Marriage Employer Information Income Information Monthly expenses i.e., food Liabilities i.e., loans, mortgages Life Insurance Step 4: Settlement Agreement/Early Settlement Panel The spouses may try to come to an agreement either before or after the filing of the divorce Complaint. If a settlement agreement cannot be reached, and the Complaint and a responsive pleading have been filed, the parties will have to participate in an Early Settlement Panel directed by the Judge. This panel will discuss the legal issues involved in the divorce and will recommend how to resolve those issues. If the parties accept the recommendations and agree to be bound by them, the court will ultimately grant you a divorce. If the parties do not accept the recommendations or come to an agreement, they will proceed to Step 5…
Step 5: Economic Mediation
Step 6: Intensive Settlement Conference
If the Economic Mediation does not result in an agreement, then the parties will be required to attend an Intensive Settlement Conference in the courthouse and try once again to settle before taking the case to trial.
Step 7: Divorce Trial
New Jersey Final Divorce Decree
A final divorce decree is a court order that officially terminates a marriage. It is also commonly referred to as a “Final Judgment of Divorce” or simply “Divorce Decree.” This decree is issued by a judge after all the legal requirements and procedures of the divorce process have been completed. The final divorce decree includes essential information and decisions regarding the divorce, such as:
Dissolution of Marriage
Division of Marital Property
Name Change
Other Terms and Conditions
Once the judge signs the final divorce decree, it becomes legally binding, and both parties are required to comply with its terms. It is essential to review the decree carefully and ensure that all the agreed-upon terms are accurately reflected before it is finalized. If any issues arise after the divorce is finalized, modifications to the decree may be possible under certain circumstances. However, any changes must be made through a formal legal process and approved by the court.
Division of Marital Property in New Jersey
In New Jersey, the division of marital property during a divorce follows the principle of equitable distribution. This means that marital assets and debts are divided fairly, though not necessarily equally, between the spouses. To initiate the process, it’s essential to identify what qualifies as marital property, (assets acquired during the marriage) subject to division, while separate property, (assets acquired before the marriage or through inheritance) generally remains with the individual who owns it. Assigning a value to the assets and debts is a crucial step in the division process, and it may require the assistance of financial experts.
Find additional information on Divorce and related matters such as child custody, parenting time and domestic violence on our site.
If you are considering a divorce, or have been served with divorce papers in New Jersey, contact Simon Law Group, LLC *Please note: The contents of this article are not, nor are they intended to be, legal advice. The contents of this website are intended to provide general information only. You should always consult an attorney for advice regarding your legal matter.