The Divorce Process in New Jersey
Divorce is a difficult process, but understanding the steps and your options can make it more manageable. Whether you are considering an uncontested divorce or facing contested proceedings, knowing what to expect at each stage helps you make informed decisions and protect your interests.
Grounds for Divorce in New Jersey
New Jersey recognizes both no-fault and fault-based divorce. No-fault divorce is based on irreconcilable differences, meaning the marriage has broken down beyond repair, or on the spouses having lived apart for at least 18 consecutive months. Fault-based grounds include adultery, desertion without reasonable cause, extreme cruelty, addiction or habitual drunkenness, imprisonment for 18 or more consecutive months, institutionalization for mental illness, and deviant sexual conduct.
Residency Requirements
To file for divorce in New Jersey, at least one spouse must have been a bona fide resident of the state for at least one year before filing. Certain exceptions apply for military personnel stationed in the state, dual residency situations, and recent relocations with valid reasons.
Uncontested Versus Contested Divorce
When both spouses agree on all major issues, an uncontested divorce offers significant advantages including reduced stress, lower legal costs, and faster resolution. The process involves filing a joint petition and executing a marital settlement agreement.
When spouses cannot agree on critical issues such as custody, asset division, or alimony, a contested divorce becomes necessary. These cases require more extensive legal proceedings and may ultimately go to trial.
The Seven-Step Process
The typical New Jersey divorce proceeds through filing the complaint, service of process and the respondent’s answer, preparation of Case Information Statements disclosing both parties’ financial positions, an attempt at settlement through negotiation or an Early Settlement Panel, economic mediation with a court-approved mediator, an Intensive Settlement Conference as a final pre-trial effort, and a divorce trial before a judge if settlement cannot be reached.
Key Issues in Every Divorce
Child custody is determined based on the best interests of the child, with courts considering numerous factors including each parent’s relationship with the child, the stability of each home, and the child’s own preferences when age-appropriate. Property division follows New Jersey’s equitable distribution principles, dividing marital assets fairly though not necessarily equally. Alimony may take several forms depending on the circumstances, including rehabilitative, reimbursement, limited duration, or permanent support.
Contact Simon Law Group at (800) 709-1131.