How Long Does It Take to Get a Divorce in New Jersey?
There is no exact length for all divorces in New Jersey since each case will have different variables. However, there are some timeframes to consider when thinking about how long it might take to get a divorce in New Jersey.
- In most cases, a couple must be separated for 18 consecutive months before filing for a no-fault divorce
- Once a divorce is filed, if it is uncontested, then it could be finalized as soon as 6-8 weeks. However, it will likely take a few months for everything to be finalized
- If the divorce is contested, then the process could take several months to a year
- New Jersey generally mandates that a divorce be finalized within 12 months. Exceptions might be made for high-conflict cases with complex litigation
While these timelines offer a general framework, the actual duration can be impacted by specific factors such as the willingness of both parties to negotiate, the caseload of the court, and the complexity of the assets in question. Early consultation with a legal professional can help set realistic expectations and provide guidance tailored to your situation.
Is New Jersey a 50/50 Divorce State?
New Jersey is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court is not obligated to split marital property 50/50.
The court will consider several factors when dividing the property, including the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse. Other considerations might include the age and health of both parties, their economic circumstances, and the standard of living established during the marriage.
In cases involving businesses or extensive assets, the court may consider the nature of these assets, such as whether a family business is operational and providing income, or if there are debts that need to be settled. Professional evaluations may be required to accurately assess asset division, which is why professional assistance is invaluable.
It is important to note that the court’s goal is to divide the property fairly, not necessarily equally. This means that the court will consider all of the factors involved in each case and make a decision that is in the best interests of both spouses.
If you are considering divorce, speaking with our attorney to discuss your rights and options is crucial. Our divorce attorney can help you understand the law and represent you in New Jersey court if necessary.
How Much Does Divorce Cost in New Jersey?
In the same way that you cannot predict the length of the divorce process, you cannot know exactly how much it will end up costing. Legal fees and other miscellaneous costs add up over the course of the process, and a divorce that is highly contested will end up costing more.
One expense you can be sure of is the filing fee. It costs $300 to file for divorce in New Jersey, and it costs an additional $25 for a parent education class if applicable.
Other potential costs include attorney fees, court costs, and fees for professional services such as appraisers or financial advisors, particularly in cases involving significant assets. Managing these costs requires strategic planning and a clear understanding of what each phase of the divorce may entail, which is where professional legal guidance becomes essential.
Is New Jersey a No-Fault Divorce State?
A couple can file for divorce in New Jersey based on no-fault or fault grounds.
No-fault grounds – A no-fault divorce is the most common since it doesn’t require proof of fault in either spouse. Rather, a spouse can file for divorce simply because there are “irreconcilable differences” that are beyond repair. The marriage must be in this state for 6 months before a spouse can file for divorce using no-fault grounds.
At-fault grounds – Other grounds for divorce include:
- Adultery
- Abandonment (12 months or more)
- Alcohol or drug addiction
- Deviant sexual conduct
- Cruelty
- Imprisonment
- Mental illness that requires being institutionalized for 24 consecutive months
Choosing the grounds for divorce can significantly impact the proceedings, as at-fault divorces may involve more intricate legal challenges and potentially affect the division of marital assets and alimony determinations. Consulting with a legal professional can provide clarity on the implications of each option and help in making an informed decision.
Are you going through a divorce in New Jersey? Contact our Morris County divorce firm to discuss your specific situation and the best way to proceed.
Negotiating a Divorce Settlement
It is often stated that the hallmark of a good settlement is one where both parties to the agreement are equally unhappy with it. While this comment is meant to be somewhat ironic, there is also some basic truth to it. Settlement agreements are the result of compromise on both sides.
At Riordan Family Law, our lawyers are committed to assisting you in identifying and prioritizing key issues. It is always our goal to minimize the acrimony, cost, and time involved in achieving our clients’ goals. It may not always be possible to resolve a matter amicably, however, and then we are prepared to litigate thoroughly and zealously.
Our approach includes a thorough examination of all settlement options and potential outcomes. We employ strategic negotiation techniques designed to foster cooperation, aiming to achieve a resolution that aligns with your long-term interests without sacrificing fairness or transparency. We believe in empowering our clients with the knowledge and support necessary to make informed decisions about their futures.
Receive Assistance with Asset Distribution
We will assist you in locating and confirming the assets of the marital estate. It is not unusual for one spouse to be without much knowledge as to the extent of marital assets and liabilities.
Indeed, there are many cases, in which the financially dependent spouse has no information as to the bread-winner's true effective income, even when they have seen the tax returns. In those cases, a seasoned attorney will know how to ferret out the truth, even when one party is less than forthcoming. Our goal is to ensure that our clients have received their fair share of the marital assets and any credits they should receive for premarital or exempt contributions to the marital estate.
Our years of experience have enabled us to look at the larger picture and help our clients arrive at the best result possible in their circumstances. Cases in which one party is attempting to hide assets are not usually conducive to mediation or collaborative law approaches.
At least initially, such matters will probably have to be presented to the court until the offending party realizes that his or her evasive tactics are not going to work. In these kinds of scenarios, it is imperative that the affected party retain an attorney as soon as there is a sign of divorce or separation on the horizon.
In other cases, inequities may arise where one party has made contributions, whether financial or otherwise, to the marital enterprise, and the other party has not or has dissipated the marital assets for their own personal interests. At times, a closely held business is involved in the assets that will be subject to equitable distribution.
The business may have been started prior to the marriage. These are all complex issues requiring the guidance of an attorney and, sometimes, other professionals for appraisals and forensic evaluations. While these problems may seem insurmountable when it is your life that is being affected, as experienced Morris County divorce attorneys, we have dealt with these situations innumerable times, and we can steer you toward solutions.
Asset distribution also involves exploring fair valuation processes to avoid disputes. By working with expert evaluators, we ensure that any share received by our clients is accurately represented and responsibly handled. This procedural fairness can mitigate contentious negotiations and court processes, steering a smoother path toward financial clarity and stability.
Protect Your Interests: Contact Us Today
If you are thinking about divorce, or your spouse has told you that he or she is contemplating a divorce, you should immediately explore your rights and protect your interests. At Riordan Family Law, we stand ready to provide you with compassionate and assertive representation.
Frequently Asked Questions
What Is the Role of a Divorce Attorney in Morris County?
A divorce attorney serves multiple roles, from providing legal advice and representation to negotiating settlements and representing clients in court. In Morris County, attorneys are especially skilled at navigating local judicial environments and helping clients understand the nuances of New Jersey law. An attorney will guide you through the paperwork, court procedures, and legal strategies needed to reach a disentangled agreement from your spouse. Moreover, they can advocate on your behalf for equitable distribution of assets, custody arrangements that are in your child's best interest, and fair spousal support settlements. By hiring a competent lawyer, you can alleviate some of the burden during this complex, emotional process and have a more informed standpoint in court proceedings and negotiations.
How Does Mediation Affect Divorce Outcomes?
Mediation is an alternative dispute resolution process that emphasizes cooperation and mutual agreement, which can be significantly beneficial in divorce proceedings. In Morris County, mediation offers a platform for couples to discuss their differences with the help of a neutral third-party mediator who facilitates the conversation. The main advantage of mediation is that it is typically less adversarial than traditional litigation, which can reduce tension and help preserve amicable relationships. Also, it tends to be faster and more cost-effective. Agreements reached in mediation are put into a formal contract, which a court can then approve. While not all cases are suitable for mediation—such as those involving power imbalances or domestic violence—it does offer a versatile, respectful pathway to resolution for many couples.
What Should I Bring to My Initial Consultation with a Divorce Attorney?
Preparing for your initial consultation with a divorce attorney is essential to make the most of your meeting. Bring documents that detail your financial situation, such as recent tax returns, pay stubs, bank statements, investment accounts, and any prenuptial agreements. It's also useful to bring a list of questions you have about the divorce process, child custody, division of assets, and any concerns about ongoing obligations like alimony or child support. The more information you provide, the better your attorney can assess your situation and outline a strategic approach to your case. An open dialogue during this meeting helps establish trust and ensures that you and your attorney are aligned in your objectives as you proceed with the divorce.
Contact us at (973) 577-4118 to schedule a consultation at our Morris County divorce law firm today to learn more.
Morris County Courthouse
Washington & Court Streets
Morristown, NJ 07960-0910
973-656-4000
Hours: M – F 8:30 a.m. to 4:30 p.m.
Link: www.judiciary.state.nj.us/morris/
Visiting the Morris County Courthouse is part of understanding the local judicial environment. Familiarizing yourself with this venue ahead of time can alleviate some anxiety and provide a sense of preparedness when attending any legal proceedings. Knowing the logistics, such as hours of operation and where to find pertinent offices, can enhance your overall experience and ensure timely arrivals.
